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1982 02 08 I I I SPECIAL CITY COUNCIL MINUTES - February 8, 1982 A special meeting of the Chanhassen City Council was called to order at 7:30 p.m. on February 8, 1982, by Mayor Hamilton. The following members were present; Mayor Hamilton, Councilmen Horn and Geving. Councilmen Neveaux and Swenson were absent. Scott Martin, Community Development Director; Russell Larson, City Attorney; and Craig Mertz, Assistant City Attorney were also present. UNITED MAILING DEVELOPMENT PLAN - CONCEPT REVIEW: Mayor Hamilton explained the special circumstances concerning United Mailing that lead to the scheduling of this item at the last moment on this meeting agenda. Jerome Carlson distributed copies of a proposed site development plan for United Mailing, Inc. in Park Two on a site west of County Road 17 and south of Park Road. The proposed building consists of production, warehouse and office space containing 167,000 square feet first phase, with an additional 25,000 square feet in expansion space possible. The plan has been reviewèd in concept form by the Riley-Purgatory Creek Watershed District and was generally found to be acceptable to their engineers. Mr. Carlson said that United Mailing employs 200 persons, with 100 employees on the first (daytime) shift, including office personnel. Scott Martin pointed out that the building site coverage exceeded the zoning ordinance allowable maximum by 1%, but that overall site coverage (building and paved surfaces) is only 58%. The proposed ordinance would allow up to 80% site coverage. Mr. Carlson estimated that there would be approximately 800 truck trips per year between United Mailing and Instant Web. He also said that the production process would not be polluting in terms of air, water, or noise pollution. Daryl Fortier, project architect, said that the railroad has agreed to allow building site preparation to encroach to within 20 feet of their track. Councilman Geving suggested that landscape treatment be increased along the east wall of the building, as visible from County Road 17. Mayor Hamilton said that he thinks it's a beautiful plan and would support it wholeheartedly. Councilmen Horn and Geving agreed. WATER SURFACE USAGE ORDINANCE: Mayor Hamilton explained that the proposed Water Surface Usage Ordinance had been reviewed at three public hearings held by the Planning Commission last summer. Assistant City Attorney, Craig Mertz explained that the ordinance must be approved by MnDNR prior to final City adoption. A simple majority of the council is necessary to approve the ordinance in preliminary form. Councilman Geving suggested that Section 3.02 be revised to include the "cross-bar" portion in the maximum 50 foot lenth limitation. Assistant City Attorney Mertz suggested that the language from the recently SPECIAL CITY COUNCIL MEETING - FEBRUARY 8, 1982 -2- WATER SURFACE USAGE ORDINANCE, CONTINUED: adopted Recreational Beach Lot ordinance be utilized in Section 3.02. The Council agreed with this suggestion and also directed the attorney to add the phrase "no more than one dock shall be permitted on any lakeshore site". Councilman Geving drew a diagram that showed his interpretation of Section 3.02 which was different than that of the attorney and as drafted in the Recreational Beach Lot ordinance. I The council directed the attorney to clarify the language ln both ordinances. Councilman Horn felt that Section 3.06 should not include a minimum d~pth restriction of seven (7) feet for swimming rafts, expecially if no diving board is on the raft. He added that many rafts are used only for sunbathing, not diving. Mayor Hamilton and Councilman Geving felt that some depth restriction should be retained in this section for safety purposes. Councilman Geving added that the ordinance should include a IIhold harmless clausell. Mayor Hamilton felt that a variance could be granted if swirrrming raft depth requirements created problems for individuals. Councilman Horn felt that Section 4.06 should include a minimum age requirement for observers of water skiers. Councilman Geving recommended age 16 for both observers and operators, unless accompanied by an adult. Mayor Hamilton suggested that any age operator or observer would be acceptable as long as an adult (age 18 or older) was also in I, the boat supervising operations. This requirement should apply to all operating restrictions, not just water skiing. The Council agreed that Section 4.06, Subdivision 1 should be revised to require an adult in the boat, either to observe the skiers or operate the boat. The council agreed that the maximum speed limit should be 40 mph, as proposed, on all affected city lakes. The council directed the attorney to include a maximum insurance requirement in Section 5.02. Mayor Hamilton suggested that Section 5.01 be revised to prohibit ski jumps, slalom courses, diving towers, etc. in any lake, except Lake Minnewashta. The council decided to leave this section as is. The council agreed with the non-conforming dock language in Section 8.01 after brief discussion. The council agreed that a $10.00 fee should be charged for variance applications. The council directed staff to place the ordinance on an upcoming consent agenda for adoption following DNR approval. A motion was made by Councilman Geving and seconded by Mayor Hamilton to approve the proposed water surface usage ordinance in preliminary form and to direct city staff to forward the ordinance, with I I I I SPECIAL CITY COUNCIL MEETING - FEBRUARY 8, 1982 -3- WATER SURFACE USAGE ORDINANCE, CONTINUED: requested revisions, to the Minnesota Department of Natural Resources for their review and approval. Following DNR approval, the ordinance should be placed on the Council Consent Agenda. Staff should report back as to when DNR review is anticipated to be completed. The following voted in favor thereof: Mayor Hamilton, Councilmen Horn and Geving. Motion carried. The council directed the attorney to change Section 4.08 by restating Chapter 361 of Minnesota Statutes in this section. A motion was made by Councilman Geving and seconded by Councilman Horn to adjourn the meeting at 9:00 p.m. The following voted in favor thereof: Mayor Hamilton, Councilmen Horn and Geving. Motion carried. Scott Martin Community Development Director