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1982 06 21 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING JUNE 21, 1982 Mayor Hamilton called the meeting to order with the following Geving, Neveaux, and Horn. Councilwoman Swenson was absent. the Pledge to the Flag. members present: Councilmen The meeting was opened with APPROVAL OF AGENDA: following additions: Streets in Lotus Lake Estates. Ronald Horr property. Richard Gavert property. Motion seconded by Councilman Geving. Councilmen Neveaux, Geving, and Horn. Councilman Horn moved to approve the agenda as presented with the The following voted in favor: Mayor Hamilton, No negative votes. Motion carried. CONSENT AGENDA: Councilman Geving moved to approve the consent agenda pursuant to the City Manager's recommendations. a. Set public hearing date (August 2) to adopt 201 Management Plan and User Charge policy for individual and community septic systems. b. Park II, approve development contract and order public improvements in Park Circle including preparation of plans and specifications per approved feasibility study. RESOLUTION #82-40. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. MINUTES: Mayor Hamilton moved to approve the June 7, 1982, Council minutes. seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Neveaux, Geving, and Horn. No negative votes. Motion carried. Motion Councilmen Councilman Neveaux moved to note the May 27, 1982, Planning Commission minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. Councilman Horn moved to note the June Motion seconded by Councilman Neveaux. Councilmen Neveaux, Geving, and Horn. 1, 1982, Park and Recreation Commission minutes. The following voted in favor: Mayor Hamilton, No negative votes. Motion carried. Councilman Neveaux moved to note the April 27, 1982, Environmental Protection Committee minutes. Motion seconded by Councilmen Horn. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. Councilman Geving moved to note the May 11, 1982, Environmental Protection Committee minutes. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. Council members requested copies of the Environmental Protection Committee By-Laws. Mayor Hamilton moved to note the May 26, 1982, Environmental Protection Committee minutes. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. REQUEST FOR "NO PARKING" SIGNS, CARVER BEACH: Mike Wegler, 6630 Mohawk Drive, was present requesting that the City install "no parking" signs along Napa Drive and Mohawk Drive as persons launching boats as parking cars and boat trailers along these streets. This item will be on the July 12 Council agenda. BILLS: Councilman Geving mo~ed to approve the bills as presented: checks #13647 through #13708 in the amount of $398,180.53 and checks #17807 through #17901 in the amount of $3,501,160.22. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. Council Meeting June 21, 1982 -2- STREET FRONTAGE, SHORELAND FRONTAGE AND LOT WIDTH VARIANCE REQUEST, LOT 3, SUNSET VIEW: Joe and Susan Welter of 7420 Chanhassen Road are requesting a 35 foot street frontage, a 15 foot lake frontage and lot width variances to construct a home on this property. The Board of Adjustments and Appeals recommended denial based upon reasons of density I and the location of the tri-p1ex at 7420 Chanhassen Road being only 6.6 feet away from the property line of this vacant lot and the substandard nature of the lot. A petition was received from the surrounding property owners in opposition to the proposed variance request. A letter was received from the DNR offering the following comments: 1. Since the lot ~vas platted prior to adoption of shoreland controls, it would be considered as a substandard lot of record and subject to the provisions contained in Section NR83(c)1(dd). 2. The fact that the lot area exceeds mlnlmum lot area requirements by 5,625 square feet does provide some compensation for the narrow lot width. 3. Section NR83(c)1(dd) states, in part, that a substandard lot of record may be allowed as a building site provided that the lot is in separate ownership from abutting lands. 4. The city should consider the combination of lots 2 and 3 if it would lessen the non-conforming status of lot 2. 5. If the city should allow lot 3 as a building site, they should ensure that no additional variances would be needed by requiring that any structures should be designed to fit the limitations of the lot, as a condition of the variance presently requested. Councilman Neveaux moved to deny the variances requested for Lot 3, Sunset View, Planning Case 82-4, and concur with the Board of Adjustments and Appeals. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. NON-CONFORMING USE STATUS OF TRI-PLEX ON LOT 2, SUNSET VIEW: Mr. and Mrs. Joe Welter are asking the Council to extend the 15-year time limitation on the non- conforming tri-plex located on Lot 2. The non-conforming status will expire in 1987. Staff recommended that the Council act to state that the non-conforming use status will be revie~ved in 1987 and that the applicant be instructed to immediately correct the deficiencies noted by the fire marshal and building inspector. I Councilman Neveaux moved to deny the request for a continuance of the non-conforming use status beyond the year 1987 and that the property owner be advised that the fire marshal's comments in regard to violations of the State Fire Code found in his memorandum of June 1, 1982, be corrected immediately and no time later than 30 days from this evening and that the conditions noted in the building inspector's memorandum of May 11, 1982, be corrected no later than September 1, 1982, or cause a review at that point as to whether this property will be a11o~ved to continue to be used for rental purposes beyond September 1, 1982. iA11 corrections made to the property will be in concert with and under the direct supervision of the city building inspector. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. FINAL DEVELOPMENT PLAN AMENDMENT, REPLAT REQUEST AND SITE PLAN REVIEW, LOT 1, BLOCK 1, AND OUTLOT B, PARK ONE, THE PRESS, INC. Julius Smith, Roger Drewing, and Daryl Fortier were present. A replat is proposed to create a 10.2 acre parcel to Lot 1 and Lot 2 would be 5.9 acres. The purpose of the replat is to construct a 146,000 square foot I addition onto The Press, Inc. facility located on Lot 1. The applicant is proposing to construct a private service road, 20 feet north of the southerly property line along Highway 5. The proposed revisions to the Zoning Ordinance require 25 foot front yard setback for any parking and maneuvering areas. A five foot setback for the parking areas along the easterly border of the site is shown. The proposed ordinance will require a ten foot side yard setback for all parking and maneuvering areas. I I Council Meeting June 21, 1982 -3- The number of parking spaces exceeds the ordinance standards by approximately 34%. The expansion provides for the potential installation of eight off-set presses with gas fired dryers inl addition to the four already in operation. The applicant indicated that it is not likely that all eight new presses would be added before 1990. Staff recommended that the applicant be in contact with the Minnesota Pollution Control Agency Air Quality officials about any potential limitations of having 12 gas fired presses operating on the site. Staff recommended approval of the preliminary plat of Park One Second Addition and the site plan for The Press, Inc. expansion with the following conditions: 1. That an additional ten feet of right-of-way be dedicated on the final plat along 184th Avenue in order to provide for the 50 feet of right-of-way for public streets. 2. That the site plan be revised to provide for a ten foot side yard parking area setback on the proposed easterly lot line. 3. That the plan be r~vised to provide a 25 foot front yard setback for the proposed service road along the southerly property line. 4. That the proposed private service road be visually defined and separated from Highway 5 through the installation of luminaries and/or berming and additional landscaping. Luminaries shall be uniform with the existing luminaries and shall be located to the specifications of the City Engineer. 5. That all public improvements be constructed on West l87th Avenue and West 77th Street to a point perpindicular to the proposed easterly property line of Lot 1 and that a temporary cul-de-sac be constructed at the terminus, as recommended by the City Engineer. 6. That the northerly most access abutting West l87th Avenue be removed from the final plan. 7. That the landscaping materials to be planted in the northwest corner of Lot 1 not impair the sight distances for traffic egressing the property onto West 77th Street and traffic traveling on West 77th Street and West l87th Avenue. 8. That the plan be revised to provide the required parking stall length and clear aisle width for the 900 parking spaces on the east side of the proposed building. 9. That the applicant provide evidence to the City that all necessary Pollution Control Agency aid quality permits have been received on individual and cumulative presses associated with atmospheric emissions prior to the installation. 10. That the applicant provide evidence to the City that a hazardous and toxic substances inventory permit has been received from Hennepin County prior to the issuance of certificate of occupancy. 11. That the perimeter of all service drives , parking and maneuvering areas be lined with concrete curb. 12. That all rooftop mechanical equipment be screened from view at street level. 13. That the applicant receive all applicable federal, state, and regional permits prior to the issuance of a certificate of occupancy and in the case of the watershed district permit, prior to the issuance of a building permit. 14. That all revisions and background data be consolidated into a final plan and be submitted prior to the issuance of a building permit. The the l. 2. I 3. 4. 5. Planning Commission recommended approval subject to the above 14 conditions and following Engineer's recommendations: That the final drainage plan direct as much runoff as possible toward the north drainage system. That said north drainage system, including the permanent pond, be sufficiently developed to handle and store all quantities of increased runoff generated by The Press expansion prior to overflow. That the City Engineer continue to work with the developer and his engineers towards development of a mutually acceptable final plan on this basis. Said final plan be subject to conditions as set by all local, state, and federal regulatory agencies. That no more development be allowed in Park One prior to the completion of that part of the road system in Park One connecting the development with Highway 5. Council Meeting June 21, 1982 -4- Councilman Horn moved to accept the final development plan amendment, replat request and site plan review, Lot 1, Block 1, and Outlot B, Park One with the conditions and recommendations as were presented by the staff, 1-14, the Planning Commission recommendations 1-14, and the City Engineer's recommendations 1-4 and number 5 I additionally state that no more development be allowed in Park One prior to the completion of West 77th Street until such time as it would intersect with Highway 5. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. DISTRICT 36A, CANDIDATE: ~lr. Wally Stock, DFL endorsed candidate for the House introduced himself to the Council Members. CONDITIONAL USE STABLE PERMIT, LOT 3, BLOCK 1, JULIUS ADDITION: Robert Green is requesting a conditional use permit for a horse stable at 330 Pleasant View Road. The Planning Commission recommended approval of the permit for the stabling of two horses with the condition that the applicant obtain a written recommendation for approval from the Horse Committee based upon reinspection of the property prior to the establishment of the stable, including the location of the fence, based on the water basin. A petition was received, signed by neighbors stating they have no objections to the request. Mayor Hamilton moved to approve the conditional use permit for Lot 3, Block 1, Julius Addition for a stable permit for two horses with the condition that the applicant obtain a written recommendation for approval from the Horse Committee based upon reinspect ion of the property prior to the establishment of the stable. Said permit is for one year. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. I 1982 FIVE YEAR CAPITAL IMPROVEMENT PROGRAM, PARK AND RECREATION COMMISSION: Pat Murphy, Carver County Public Works Director, Richie Hemping, Joe Warneke, Mike Lynch and Fran Callahan were present. LAKE MINNEWASHTA REGIONAL PARK PUBLIC ACCESS: The Metropolitan Parks and Open Space Commission has reviewed the City's LAWCON application and have stated it should not be considered further unless the City and Carver County change the horsepower (15 HP) restriction. The City Manager suggested this be returned to the Park and Recreation Commission to meet with area residents for their imput. Councilman Neveaux stated he would like to have resolved the issue with the DNR as to just what the City powers are to govern the water surface in Chanhassen. Mayor Hamilton moved to submit this to the Park and Recreation Commission and Environmental Protection Committee for review and discussion with the Minnewashta residents, Carver County representatives and the DNR. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. 1983 LAWCON GRANT APPLICATIONS: the development of a public boat on Lake Lucy. Councilman Horn moved to approve both applications. Motion seconded by Councilman I Neveaux. The following voted in favor: Councilmen Neveaux, Geving, and Horn. Mayor Hamilton voted no. Motion carried. Preliminary grant applications have been made for access at Lake Ann and for the acquisition of land 1982 CAPITAL IMPROVEMENT BUDGET: to be made in each city park for plan for Meadown Green Park. Council members discussed proposed improvements 1982. Council members requested a copy of the I I I Council Meeting June 21, 1982 -5- Turf Management Equipment in the City Center Park was reduced to $1,500. Councilman Neveaux moved the adoption of the 1982 Park Capital Improvement Budget which was adopted by the Park and Recreation Commission on June 1, 1982, as amended. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. LAKE DRIVE EAST EXTENSION: The City Engineer discussed an extension of Lake Drive East both to the east to Highway 5 and to the west to Highway 101. He recommended the Council order the preparation of a feasibility study for the eastward extension of Lake Drive East and 184th Avenue as financed by T.I.D. No.2. Councilman Geving moved to authorize an extension of Lake Drive East to Highway Motion seconded by Councilman Neveaux. Councilmen Neveaux, Geving, and Horn. in~house feasibility study for the easterly 5 including not only engineering but fiscal. The following voted in favor: Mayor Hamilton, No negative votes. Motion carried. DESIGNATION OF MSA CLASSIFICATION: The City Engineer discussed possible street inclusions on the MSA system of Minnewashta Parkway, Lake Drive East from Highway 101 eastward to Highway 5, and the redesignation of a portion of Pleasant View Road. No action was taken. 201 STUDY, COMMUNITY MOUND SYSTEM, LOTS 3, 4, AND 5, SUNSET HILL: RESOLUTION #82-41: Councilman Horn moved the adoption of a resolution changing the status of the 201 Study. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. CONSIDER ESTABLISilllENT OF MORATORIUM FOR FAST FOOD RESTAURANTS IN C-2, C-3, AND P-3 ZONING DISTRICTS: The Planning Commission recommended the Council establish a six month building moratorium on fast food restaurants in any existing C-2 and C-3 zoning district lying south of Highway 5. Staff recommended the inclusion of P-3 zoning district. Councilman Neveaux moved to accept the Planning Commission recommendation for a six month building moratorium for fast food restaurants in existing C-2, C-3, and P-3 zoning districts lying south of Highway 5 and direct them to hold the necessary public hearing as rapidly as possible. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. The Assistant City Attorney asked if any council member has a financial interest in a restaurant that would serve this trade area or if any council member have had any private discussion outside the council chambers with representatives of McDonald's asking that the council protect Mc Donald's from its competition. All answered no. LOTUS LAKE ESTATES STREETS: Councilman Horn noted the terrible condition of the streets in Lotus Lake Estates. The Engineer stated that there has been substantial settlement around the manholes. A lot of work will be done on these streets this summer. RONALD HORR PROPERTY, 7510 CHANHASSEN ROAD: The City Council authorized the City Engineer to negotiate with Mr. and Mrs. Horr concerning the drainage agreement signed in 1979 and offering them the sum of $1,500 plus 10% per year for full settlement equal to the City's liability. RICHARD GAVERT PROPERTY, 7701 FRONTIER TRAIL: Mayor Hamilton moved to direct staff to issue an abatement order to Mr. Gavert with respect to all violations of the Nuisance Ordinance. Mr. Gavert will be given 14 days to remove all trash, debris, scrap metal etc. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. Council Meeting June 21, 1982 -6- CONTINUATION OF BOARD OF REVIEW MEETING: Council members changed the date to June 30, 1982, in the Chanhassen Elementary School. A motion was made by Councilman Neveaux and seconded by Councilman Horn to adjourn. I The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Meeting adjourned at 12:00. Don Ashworth City Manager I I