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1983 12 19 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING DECEMBER 19, 1983 Acting Mayor Geving called the meeting to order. The meeting was opened with the Pledge to the Flag. Members Present Councilman Horn, Councilwoman Watson and Councilwoman Swenson Mayor Hamilton came late Staff Present Don Ashworth, Bill Monk, Scott Martin, Bob Waibel, and Roger Knutson APPROVAL OF AGENDA: Councilman Horn moved to approve the agenda as pre- sented. MotTõn-s€ëonded by Councilwoman Swenson. The following voted in favor: Acting Mayor Geving, Councilwomen Swenson and Watson, Councilman Horn. No negative votes. Motion carried. CONSENT AGENDA: Acting Mayor Geving asked if Council members wished to remove any items from the Consent Agenda. The following items were removed for further discussion. b. Fund Transfers and Closings. c. Request of Eden Prairie for Joint Lake Riley Water Surface Use Management Ordinance. e. Conditional Use Permit, Car Wash, Gary Brown, 7901 Great Plains Blvd. Acting Mayor Geving moved to approve the following consent agenda items pursuant to the City Manager's recommendations: a. Final Plat Review, Murray Hill Second Addition. d. Ordinance Amending the Curfew Ordinance, Final Reading. Motion seconded by Councilwoman Watson. The following voted in favor: Acting Mayor Geving, Councilwomen Swenson and Watson, and Councilman Horn. No negative votes. Motion carried. NEGOTIATED BID, $115,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATE OF INDEBTEDNESS-oF 1984: Bob Sander, Juran and Moody, was present. Three bids were recelved, Moore, Juran & Co. with a total interest cost of $35,497.50 for a net interest rate of 8.6579%, First National Bank of Minneapolis net interest cost of $34,530.00 for a net interest rate of 8.4219%, and First Bank of St. Paul net interest cost of $32,987.50 for a net interest rate of 8.0457%. RESOLUTION #83-58: Councilwoman Swenson moved the adoption of a resolution accepting the bid for $115,000 General Obligation Equipment Certificate of Indebtedness of 1984 from First Bank of St. Paul at a net interest rate of 8.0457%. Resolution seconded by Councilman Horn. The following voted in favor: Acting Mayor Geving, Councilwomen Swenson and Watson, Councilman Horn. No negative votes. Motion carried. AWARD OF BIDS PROJECT 83-4: Bids were received for (A) asphalt concrete pavement ~concrete c~for parking lot at Chanhassen City Hall, (B) bituminous seal coat for street and parking lots at Lake Ann Park, and (C) bituminous concrete resurfacing of Tennis Court at Lake Ann Park. The Engineer recommended that the bid for part (A) be awarded to Midwest Paving and (B) and (C) be awarded to Munn Blacktop, Inc. Council Meeting December 19, 1983 -2- RESOLUTION #83-59: Councilwoman Watson moved the adoption of a resolution accepting the bid of Midwest Paving in the amount of $11,119.00 for the City Hall parking lot, and Munn Blacktop, Inc. in the amount of $12,813.82 for bituminous seal coat for street and parking lots and concrete resur- I facing of Tennis Court at Lake Ann Park. Resolution seconded by Councilman Horn. The following voted in favor: Acting Mayor Geving, Councilwomen Swenson and Watson, Councilman Horn. No negative votes. Motion carried. MINUTES: Acting Mayor Geving moved to approve the December 5, 1983, COuncIT-minutes. Motion seconded by Councilwoman Watson. The following voted in favor: Acting Mayor Geving, Councilwomen Swenson and Watson, Councilman Geving. No negative votes. Motion carried. SIDE YARD SETBACK, ORDINARY HIGH WATER MARK SETBACK, LOT WIDTH AND LOT AREA VARTANCEREQUEST, LOT26;BLÕCK1~RED CEDAR-POINT:- AttTïeoëtober-~ 1983, CouncillmëetTng the ëOunci'-aëted-~deñy-rhe side yard setback variance request. At that time the owner was instructed to contact the neighbors on either side to give them an oportunity to purchase the lot. The City Planner noted that the Council action at this time is to act to approve or deny the remainder of the variances (ordinary high water mark setback, lot width and lot area variances). Approval of the side yard set- back variance request would require a motion to reconsider the denial of October 3, 1983. Councilwoman Swenson moved to reconsider the October 3, 1983, denial of the setback variance request. Motion died for lack of a second. BILLS: Acting Mayor Geving moved to approve the bills as presented: I Checks #015022 through #015096 in the amount of $1,022,375.42, checks #19569 through #19648 in the amount of $243,442.05, and checks #15125 through #15140 in the amount of $1,466.38. Motion seconded by Councilwoman Watson. The following voted in favor: Acting Mayor Geving, Councilwomen Swenson and Watson, Councilman Horn. No negative votes. Motion carried. Councilwoman Watson moved to approve the in house checks from the 1984 Budget as listed in the December 19, 1983, Accounts Payable listing in the amount of $24,747.81. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Geving, Councilwomen Swenson and Watson, Councilman Horn. No negative votes. Motion carried. REPLAT AND REZONING, 1140 PLEASANT VIEW ROAD: Mrs. Arda Barnett is requestTng tü-replat Tïer-propertY-into-tTïree-lots and rezone the property from R-1A to R-1. This property was assessed four sewer and water units with the Carver Beach Project 75-2. The Planning Commission recommended approval of the rezoning and preliminary plat with the condition that the applicant enter into a platting agreement acknowledging that the extra sewer and water unit will be placed against the property. Councilwoman Swenson moved to approve the rezoning from R-1A to R-l and platting request for Mrs. Arda Barnett, Planning Case 83-14, dated received October 17, 1983, subject to the condition that the applicant enter into a platting agreement acknowledging that the extra sewer and water unit assessment will be spread against the property that has benefited from the Carver Beach Public Improvement Project. Motion seconded by Councilwoman Watson. The following voted in favor: Acting Mayor Geving, Councilwomen Swenson and Watson, Councilman Horn. No negative votes. Motion carried. I I I I Council Meeting December 19, 1983 -3- SUBDIVISION VARIANCE REQUEST, 1381 LAKE LUCY ROAD; Bob Waibel - The staff report rs-5omewhat-of a misnomer. Staff received this application feeling there is a considerable lack of information that is normally received for subdivision approvals, especially one that has considerable terrain features on it. Staff felt unable to make any further comments or make any comments on the report or any recommendations on same. The Planning Commission did recommend that the City Council approve the variances for subdividing the property into three single family residential lots. As far as general background information, the property is located on Lake Lucy Road near the intersection with Yosemite. The property does not have sewer or water service available to it. As you can see, the proposal is to subdivide three lots fronting directly onto Lake Lucy Road. We find that there are a number of variances such as individual access onto planned collector streets as well as the information that has not been given to us which is normally part of a preliminary plat review. Acting ~yor Gevi~ - From your standpoint Bob, you feel we do not have enough information. Bob Waibel - We would like to have topographic information for at least almo~the northern one-half or northern one-third of the property where the presumed homesites would be located. There is a number of ravines that bisect the property as well as it does drop off further to the south towards Lake Lucy. Acting Mayor Geving - Obviously, this was brought at the Planning Commission public hearing, what were those comments. Bob Waibel - There was no real neighborhood opposition. I believe that most of the Planning Commission felt that due to the large size of the lots there was no need, that there would be plenty of room to move around the difficulties of looking at it without the preliminary plat information needed. There were two members of the commission that did feel that they would like to have the topographic information available for our review. Act~g Mayor Geving - The thing that bothers me a little bit about this, I think we are probably going to start seeing more and more development along Lake Lucy Road. It's a road that badly needs improvement. I don't know whether the parcels will be divided and homes will be built before we are able to put a road in there or that we will go in there and put a road in first. I start to see something happening here that's going to force us eventually into making a major upgrade. That was one of the reasons that Lake Lucy Road was defeated. There weren't enough residents along the road to make it pay and such large parcels as this one people were reluctant to pay for front footage. My personal feeling is that we do have a large piece of property. We do have some development occuring. It's not in the sewered area and I guess that would be the next thing that I would like to have addressed. Bill Monk - Basically, the proposal is to try and subdivide two lots off that one-corner. They would be served by septic system for many, many years. That area is not due to be served by sanitary sewer for 15-20 years probably so that this is basically the 2~ acre subdivision. Acting Mayor Geving - So you look at this as somewhat akin to what we are doing south of Highway 5 in the unsewered area. Council Meeting December 19, 1983 -4- Councilwoman Swenson - We, obviously, are going to have to give a variance to the Subdivisiõn-ordinance which prohibits any lot being more than twice the width. I can forsee all kinds of trouble with this in the future. I Eventually you are going to have somebody that is going to want to divide these lots in two. All that lake land property is going to be landlocked. ~i!l ~onk - One of the points that staff has tried to address is that twice its length versus its width in this case may not be that critical because a lot of the land is basically unusable. It is a wetlands area so that it is not really that deep as far as you might be able to use the property. The question is, we are not sure where houses can be placed on either lot. That's my biggest problem with it. I am not sure how they will be built on but the person that is subdividing the property feels otherwise. He feels that they definitely can be built on otherwise we wouldn't be going through the exercise. ~~ Mayor Geving - You know what bothers me, this is a major proposal to open up an unsewered area in the City and if I were the owner of that land attempting to come before the City Council and ask for a variance, I would be here. I would be here this evening to plead my case and I don't see that individual here. I am not very sympathetic with someone who doesn't give us the first hand knowledge that he has about placement of the homes, how he intends to subdivide this and as far as I am concerned we need to have that information. That's how I look at it. I think that anyone that would come before the City and ask for a variance should be strong enough in his opinion and feelings towards this to be here and defend his case. Scott Martin - I am just wondering if because of the rather late point on I the-agenda and how fast we are moving that maybe he didn't plan on coming later. Councilwoman Swenson - I don't think I have ever seen a proposal, either in fron~of-rhe Planning Commission or the City Council, that I have had such a lack of information. There is absolutely no way I would consider this without having more information. Acting Mayor ~~~ - I have nothing here but a few pages that the staff has written. Councilwoman Swenson - The City Engineer said he feels that the variance, which is not even mentioned in the staff report, about the variance for the subdivision. All I see here is that the request that the applicant is making and I see nothing except that the staff update as far as the Planning Commission recommendation. Acting Mayor Geving moved to table this item. Motion seconded by Councilwoman Watson. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson, Councilman Horn. No negative votes. Motion carried. PETITION FOR MUNICIPAL IMPROVEMENTS, SUNNYBROOK DEVELOPMENT GROUP: The City has received a petition for the installation of municipãT-,mprovements I to service Sunnybrook Development which the Council reviewed on November 7th. The City Engineer noted that a feasibility study was done servicing the site with sanitary sewer but that is not complete per requirements of Minnesota Statute so that a new report that would include watermain and storm sewer and streets is required if the Council wishes to proceed. I I I Council Meeting December 19, 1983 -5- Bill Monk - If the item should proceed, one item that I tried to go over with ~applicant is that should the project not proceed from this point that the petitioner could well be responsible for costs that would be incurred to that date and until the public hearing the Council would not be commiting itself to proceed. RESOLUTION #83-60: Councilman Horn moved the adoption of a resolution authorizing the preparation of a feasibility study for the Sunnybrook Development Group municipal improvements. Resolution seconded by Councilwoman Watson. The following voted in favor; Acting Mayor Geving, Councilwomen Swenson and Watson, Councilman Horn. No negative votes. Motion carried. Mayor Hamilton came at this point in the meeting. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM STATUS: The Urban Hennepin County Community Development-Block Grant Program Planning Area 4 Citizens Advisory Committee has asked that Chanhassen review the current status of their CDBG Programs. The Committee is proposing to change the method used to allocate funds to participating communities. The Community Development Director recommended that the Council support the proposed competitive application process. The Council authorized preparation of a letter for the Mayor's signature to be sent to the Citizen Advisory Committee con- sistent with the recommendations of City Staff. REQUEST OF CARVER COUNTY HRA TO ADMINISTER THE EXISTING SECTION 8 RENT ASSISTANCE PROGRAM: --- -- --- - ---- RESOLUTION #83-61: Councilman Horn moved the adoption of a resolution authorizing the HRA of Carver County to provide the local administrative services for the Section 8 Existing Rent Assistance Program for Chanhassen. I 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. SUBDIVISION VARIANCE REQUEST, 1381 LAKE LUCY ROAD: Councilman Geving - I tabled t~item, ãs-Acting-Mayor, because we really did not have enough information. Staff was unable to provide us with the information that I thought was needed. Councilwoman Swenson - It is the staff's responsibility to advise the Council when an application is not in consistency with our ordinances. One of the questions was that the depth of the lot was more than twice the width which is against our City ordinance for subdivision. There was no comment made about this. The City Engineer questions whether the land could subsequently be divided. I forsaw, without knowing the topography of the land, a considerable amount of problems. I could see somebody coming in here in future years and this land by the lake being landlocked. These things were not addressed. Councilman Geving - I think the thing that I was missing is elevation. I don't know where you would place the house on those lots. Ted Coey - There only is one place to put it with any kind of a percolation test-and that's on the first couple hundred feet off the road. Otherwise it goes way down. It's very low and the land in the back is too low to build on. The only reason that we made them so long is because we tried to make them five acres which I felt would be better for the environment and Council Meeting December 19, 1983 -6- also for this type of property. The neighbors were all for that too. It wouldn't matter to me if the Council has a problem with the depth, that doesn't bother me a bit. I just thought that it would be a little easier to sell some because people could say they had lakeshore. The houses are going to be close to the road for many reasons. First of all your natural gas at $4.50 a foot, they aren't going to want to run it back a thousand feet. I only made them 180 feet wide. You can't subdivide them anyway because that's the minimum width. I made that length for ease of dividing and also for, hopefully, to sell it a little easier. As far as the topography, I talked to Tom on various occasions, I talked to Al Klingelhutz and also my surveyor and anybody else I talked to except for City Staff, topography really shouldn't be a problem here because you can only put the house on one spot and that's the front. Any other spot back further you are going to have a problem. I had a percolation test done and it's only good up to about two/three hundred feet off the road otherwise it drops down too far and you can't get a perc test in there. I Councilwoman Swenson - Another thing that I was concerned about was whether or not staff feers-Ihat there is adequate solid land here for the type of drainfield that we would require. I didn't have any of this information. Maybe you have information because you have been talking to the applicant but I don't have this information and on the basis of what I saw here tonight there is no way I could do anything with this. fQ~~ll~~ ~~~ - I have never seen a three page variance request. There is very little information. Ted Coey - All I am trying to do is sell it off. I am not trying to build I or-develop in there. I felt that by trying to make it too restrictive, the person who is going to be building on the lot it would be up to him to come before the City Council and ask them to do what he wanted to do with the house. All I am trying to do is break off two private parcels and sell them. Councilwoman Swenson - If we were to divide that, it seems to me, when you turned around-and-sDld the property on the strength of the fact that this City Council had approved the subdivision and comes time that somebody wants to build and for any of the reasons which we have mentioned tonight we should deny this permit, you would really be in a whale of a spot I believe. Ted Coey - I have already taken the percolation test. I already had that done-and it does perc. I included this information with your stuff. --~- --~ Councilwoman Swenson - None of this was included in the application. Councilman Horn moved to place this item on the agenda. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton and Councilman Horn. Councilwomen Swenson and Watson, Councilman Geving voted no. Motion failed. f~~cilm~~ Gev~ - I indicated in my comments that I would like to see I elevations on the variance request. I want to know where he is going to place those homes. l~ Coey - I am not building them. You are asking me to limit them. All I am trying to do is sell the property. If somebody is going to put a I I I Council Meeting December 19, 1983 -7- $200,000 house on there it should be up to them to come before you and ask you what they can do with that house. Councilman Geving - Let's put it right on the table here. You are asking from us a variance. You are asking for approval without submitting required preliminary plat. You have not submitted topographic information, contours which we have always gotten. This is very unusual and you are asking us to record this as a metes and bounds subdivision. Very unusual. That's what I am asking of you and I realize it's probably unrealistic and very expensive and I am willing to concede because of expense. Ted Coey - The topog is very expensive too and that's the point the house TS-going to go in a certain area. It isn1t necessary to have a topog of the whole thing when they can only be a couple hundred feet from the street. That's my whole point. Mayor ~amllton - I talked with Al and he said the same thing. You can It put a house any place there, there is only one very, very limited area where you can put a house and so they felt it was probably not necessary to do a topo because it doesn't mean anything. Councilman Geving - Lake Lucy Road is an unimproved road. Probably the worst single road in Chanhassen. As we start to develop along that road we are going to continue to build more accesses onto it and further deteriorate that road. Are we talking about one access to Lake Lucy Road or are we talking about three? Ted Coey - I was up for grabs. I had no idea. Whatever the Council recom- mend~ The access could be on the property line. Then you could have it come off both lots. Councilman Horn - What coes a topo cost, Bill? Ted Coey - A couple thousand dollars, I already talked to Schoell and Madson.- All I know is that it's a big expense that I can't afford right now. Councilman Geving - The thing that I think the Council is responding to is that by granting these variances goes with it a certain right or at least a presumed right and that right is that whoever buys these lots would have a right to build a home and get a building permit to build that home. As long as they understand that you are just selling a piece of land, no rights assumed and no preconditions on the basis of the City Council. Ted Coey - I would have them buy it with the condition that they could get a-permit and also the perCe Councilwoman Swenson - I guess the thing that bothers me about this is, I can't remember when I have seen a staff comment that says, staff finds without the basic preliminary plat information normally required, expe- cially the two foot contour information, further staff comments and/or recommendations cannot be made. There are additional variances that are not even listed here, such as the lot configuration, that's not on here. I am not complaining against the applicant. I am saying that this is an inadequate piece of information upon which I will make a decision. I think I have made it very clear what I want from staff. I don't know where staff is. Council Meeting December 19, 1983 -8- Ted Coey - The problem is staff wouldn't make a recommendation because I didn'~ave the topog. That was the whole thing. I said, well, I don1t need that. They said, fine then you can present it as is and that's what I I did to the Planning Commission and they voted five to two saying that they liked the idea that it was two five-acre lots instead of 2~, they recommend I get it but they didn't think it was necessary. All I am trying to do is divide this thing off. I moved off Lotus Lake because of the problems that I had with taxes. I tried to stay in Chanhassen now I am having a hell of a time to try to sell a piece of property. It really irritates me. It1s not my problem. Councilman Gevi~ - It's not my problem. Councilwoman Swenson - What I want to see is a recommendation from staff about the possibillfy of this coming back to us as a lot split in the future because this regulation against the depth of the lot being more than twice the width of the lot is done for that reason and I want a safeguard on that because when we get into eventually putting that sewer in and maybe I shouldn't worry about what's going to happen ten years down the line but if somebody had worried about that ten years or fifteen years ago it would saved this town a whale of a lot of trouble a couple three years ago. I want to eliminate any of that possibility and I want these things clearly defined. I want this to come through as a variance. I am not so sure that there aren1t variances here that shouldn't go to the Board of Adjustments and Appeals. Mayor Hamilton - It seems to me we are building a much bigger case here Ihail w llaf-M r. -Co e y i s ask i n g for. A 11 hew ant s to do i s buy the 1 and soh e I can sell it and whoever happens to buy that lot can come forth and ask for whatever they need. He is not guaranteeing them anything and I don't think we are guaranteeing them anything. Councilwoman Swenson - Don't you think that by the very act of our sub- dividlng-this-property that we are saying that he is creating buildable lots? If I went out and bought a piece of property like that and I sud- denly came to the City and found out that, well let1s ask the attorney. ~~~ Knutson - I think when you approve the subdivision of lots you are finding that they are buildable. There could be unexpected conditions that might make you change your mind but generally when you approve a lot split you are saying that as of this time you are finding them buildable. Standards can change but that1s what a buyer would expect. Ted Coey - It would depend upon what the buyer asked for. buil~íthin 100 feet of the lakeshore and be down by the obviously he would be asking for a variance which I would myself. He could ask to wetlands and never ask for Don Ashworth - The contours, I would like to see a process that makes it easier for handling as well. In looking at the report as it came in and going back and talking with Bill, Scott, Bob, I guess I support their posi- tion on contours. I think there is certain information that reasonably could come back to the City Council to make that final decision. I ~~ Knu!son - Would it be possible Don, trying to save money and get everything that you need, to get a partial topo on that? I I I Council Meeting December 19, 1983 -9- Bill Monk - I have talked to Bob on this one a little bit and we have gone over this, what staff is requesting, there is a ravine as I remember that runs up Parcels A and B, there is a wetlands that covers a fair amount pro- bably the southern half, and I guess what we are looking for is just topo on the buildable part of the lots so that we can see if a joint driveway is even feasible. I don't know whether you can get from one lot to the next because there is kind of a low ravine that does swing up through that area. We are not looking for topo on the overall area even two foot contours on the top within a top of slope and a toe of slope type of contour would be all we would need to basically review this. That is, I think, one way we would then dismiss the requirement on the twice the length versus the width because the topo would show that most of the southern portion of the lot is not buildable. Hopefully, we are not adding thousands of dollars to the cost but that's basically the staffs position and that does come from our concern that we do not allow lots to be created that are not buildable. Mayor Hamilton - If the Council had a topo or a partial topo and perhaps additional information on the percs, where they were located on a map, we could make a decision. Councilwoman Swenson - We want staff to have the information so that they can give us the-Tñformation that we require. I don't know how this would fit in but now we are talking about lakeshore lots that are marsh lots, how are we going to stand as far as potential dockage on the lake? Does this go with the subdivision, prohibition of dockage on the lake? Roger Knutson - In a development agreement? Councilwoman Swenson - Yes. --- Roger Knutson - You can do that and you also, of course, have your ordi- nance. Councilwoman Swenson - These are things that have not been addressed. What variances are involved? I am not trying to fight this. I want something in hand on which to make a logical and intelligent decision. I personally do not think this is enough. Mayor Hamilton - A partial topo and a map indicating where the perc test was taken and pertinent information. Councilwoman Swenson - A list of variances. Councilman Horn - In the future I would like to see as much staff imput as possible wi~he information available and not stop giving imput because some piece of information is missing. Ted Coey - I did submit the perc test. I showed Don the perc test, where it was done, he drew a map on there and it shows how many feet back from the road it was. Also, I submitted 28 copies of a preliminary plat. The only thing I didn't submit that they had asked me for was the topog. Everything else I submitted. I had my surveyor run over that same day so they could make the deadline with 28 copies and that was the preliminary plat. I am just trying to divide some land off. I am not trying to build or develop. It seems like the ordinances are set up so that, it's set up the same as if I were putting up 400 houses or if I am trying to sell off two lots, which is all I am trying to do. I live there. Council Meeting December 19, 1983 -10- Councilman Horn - I think the intent of our action allow buildrng-in the unsewered area seems to have work out as a part of the Subdivision Ordinance. tance at the time from the staff for the Council that we did and I suspect we are seeing a little of it. earlier this summer to some difficulties to I think there was reluc- to go through the action foot dragging as a result I Councilwoman Swenson - If we were to accept this in the state that it's in, ãs-rar-aS-r-am-COncerned this is a signal to anybody down the line that all they have to do is come in 'and say I want to subdivide my property and we don It have to have any staff imput. If we do this without staff imput then we are establishing a precedent. Ted fQey - They wouldn't give me any imput because of the topog. Councilwoman Swenson - Do you, Bill and Scott, do you have an idea of what we are talking-about and what we need? Mayor Hamilton - Then make a recommendation to the Council based on the informa1TOn-that you have and whatever additional you need, a partial topo or some kind of topo map but don It come back and say you are not going to say anything because you don It have the proper information. Make a recom- mendation based on the information that you have. SOUTH LOTUS LAKE BOAT ACCESS: The City Manager presented a report on the status-or-Ihe-bOar-ãCcess on the Bloomberg property on the south end of Lotus Lake. Mayor Hamilton moved to direct staff to proceed with the project. Motion I seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Geving and Horn. No negative votes. Motion carried. PAY COMPENSATION PLAN: Mayor Hamilton moved to approve the revised posi- TlOn-classificatiün-ãnd compensation program. 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. ZONING AND SUBDIVISION ORDINANCE WORK SCHEDULE: The Planning Commission work scheduTe-ror-revising the ZoñTñg ~SUbdivision Ordinance was pre- sented. Council members requested they review the proposed ordinance prior to the Planning Commission public informational meeting in February. It was decided the Council will review the proposed ordinance during the month of February. MTC OPT-OUT PROGRAM: RESOLUTION #83-61~ Councilwoman Watson moved the adoption of a resolution authorizing staff to prepare a letter reflecting the City of Chanhassen's intent to submit an application to opt-out. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Geving and Horn. No negative I votes. Motion carried. I I I Council Meeting December 19, 1983 -11- FUND CLOSINGS AND TRANSFERS: RISOLUTION #83-62: Councilwoman Watson moved the adoption of a resolution approving the year end transfers and closings as presented. Resolution seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Geving and Horn. No negative votes. Motion carried. CONSIDER REQUEST OF EDEN PRAIRIE FOR JOINT LAKE RILEY WATER SURFACE USE MANAGEMENT ORDINANCE:--Councilwoman-Swenson moved to approve this consent agenda item pursuant to the City Manager's recommendation and direct staff to advise the Lake Riley Homeowner's Association of the proposal. 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. CONDITIONAL USE PERMIT, CAR WASH, 7901 GREAT PLAINS BLVD: Councilwoman-SWenson - We-Tïave discussed this here a~ãTso at the HRA meeting about the inclusion, in the development contract or conditional use permit, the requirement that Mr. Brown will put up a free standing IIfullu sign when it appears either there is traffic backing up and parking on Great Plains Blvd. I would like that included. Councilman Horn moved to approve the conditional use permit as presented. Motion seconded by Councilman Geving. ' The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Geving and Horn. Councilwoman Swenson voted no. Motion carried. Councilman Geving 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