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1981 07 20 ,I I II REGULAR CHANHASSEN CITY COUNCIL MEETING JULY 20, 1981 Mayor Hamilton called the meeting to order with the following members present: Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: Councilman Horn moved to approve the agenda as presented. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. MINUTES: Amend the fourth paragraph on page 2 under CONTINUATION OF BOARD OF REVIEW MEETING in the June 29, 1981 Council minutes as follows: Councilman Geving moved to accept the Assessor's valuation of $34,400 on parcel 25-42-000-0225 and leave parcel 25-42-000-0218 with an estimated market value of $95,700. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. Councilwoman Swenson abstained. Motion carried. Councilman Neveaux moved to approve the June 29, 1981, Council minutes as amended. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. Councilman Horn moved to approve the July 6, 1981, Councilman Geving. The following voted in favor: Councilmen Neveaux, Geving, and Horn. No negative Council minutes. Motion seconded by Mayor Hamilton, Councilwoman Swenson, votes. Motion carried. Council members requested clarification of the last motion under Quady Sketch Plan Review in the June 24, 1981, Planning Commission minutes as to whether the motion passed or failed. Councilman Horn moved to note the June 24, 1981, Planning Commission minutes. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. FOX CHASE FINAL DEVELOPMENT PLAN REVIEW: The Council reviewed the 20 conditions established by the City in July 1980 regarding a proposed 52 lot subdivision by Derrick Land Company on the north and west side of Lotus Lake. The Council generally felt that conditions 1 and 2 have not been completed as the Corp of Engineers has not acted on the project. A public hearing will be held by the Corp on August 5 in the Council Chambers. Condition 4 was felt not to be complied with by three of the five Council members. This condition deals with cul-de-sac plans in the vicinity of Lot 20, Block 3 and Lot 24, Block 1. Councilman Geving moved to approve the conditions that have been met with the exceptions of #1, #2, and #4 and proceed with the idea that the Council will give an extension to Mr. Derrick on the condition that he would have a period not to exceed October 1, 1981, and if conditions #1, #2, and #4 have not been met in that interim time then this would fail. Mr. Derrick would have to resubmit his entire plan and start the process over. When conditions #1, #2, and #4 are completed the proposed plan would proceed to the next stage where the Council would identify, for the developer,exactly what the Council wants in the development so that Mr. Derrick can go to his architect and engineer for completion. General discussion occurred. Councilman Horn asked Councilman Geving if the motion is recommendation 2c of the City Manager's memorandum of July 20, 1981. Councilman Geving - 2c says, "An October 1, 1981 time extension of the development plan approval is agreed upon by the City and developer, during which time various approvals can be considered (plans/specifications, Council Meeting July 20, 1981 -2- preparation/approval of the development contract, submittal/ approval of performance securities, etc.); but in no case shall the development contract or plat be signed until conditions of the Corp of Engineers have been met," and that's Ill, 112, I and #4. One and #2 certainly and #4 is something that other members of the Council felt that we need. I would agree that item 2c is the motion that is being made. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. Councilman Neveaux - You're in essence saying that in October 1 we will consider two issues. Did the Corp of Engineers approve the project and do we have the resolution to the cul-de-sac issue? Additionally í.¡e will have answers to the street widths, the enginering mickey-mouse of 6" or 81' pipe and whether the water system should be looped and all of the other conditions solely from a staff standpoint. Councilman Geving - All the staff work at that time would have been completed. If it would have said by October 1, now this could come anytime after August 5. We might decide on this September 1. He could accomplish this in the next 15 days or 20 days after August 5 whatever time it takes him to get his act together with staff. All of the background work with staff will have been completed he will post his $20,000 bond and we will be moving along down the road. Councilman Neveaux - We are not necessarily looking at the July 20 conditions anymore. We are looking at today's conditions. We are saying that he in essence has met essentially the July 20 conditions I and now we are going to plug in today's conditions. Councilman Geving - That's right. We haven't agreed upon either plan a or plan b. Roger Derrick - Here we are in a situation where you are in essence saying you are going to approve or deny a plat because there is a 6 or 8" pipe depending upon which way the engineer wants to go or whether he wants to loop the water or not. Those things are things that he is going to have to study and I concur with that but they make no difference about the plat. Either it's going to be approved or it's not going to be approved and you can go on for another two weeks or another two months and he can run back and say it's going to be a 6" pipe, it's got nothing to do with what we are here for tonight and I won't belabor the point anymore about the Corp of Engineer's approval and this cul-de-sac, everything has been met. Why don't you just give the approval subject to all of those things because that's what you would normally do. Staff will get it done to your satisfaction and if we don't like it we will have to come back and see if we can get you to change it. Councilman Horn - Hhat I hear the extension being given for is the one year requirement and it was my impression that the 2c recommendation implies that the conditions have all been met. Don Ashworth - That's correct and it's going to take a 30 to 60 day period for the II Attorney's office to finish up that development contract. I see at least two meetings to discuss points in there. Final construction plans and submittal of those. I don't see where the developer is going to be slowed down. Councilman Geving - I think you could start running tomorrow. Roger Derrick - If that's the case, fine, but I just want to make sure of two things and I know we have other things to work out. All I am saying is I I I Council Meeting July 20, 1981 -3- we can't go ahead on any more plans unless we know we have got some kind of approval. In your motion you said that if we don't have approval from the Corp by October 1 then we have to go back to zero. What if by October 1 they haven't rendered an opinion then we are back to zero. Councilman Geving - We never really know who or what is going to occur 30 days from now or whether an opinion is going to negate any prior decision. We have no control over what the Corp may being in on August 5. Councilman Neveaux - Are there statutes that require the Corp to render an opinion within so may days following a public hearing? Russell Larson - I can't answer that. Councilman Horn - The option is not necessarily that we would have to come back and review. That option is that is the time when we would have to act again to either extend or we could, we don't have to give the extension at this point, we have the option at this point of saying that July 20 is the end date on this thing. What we are saying here is we are giving a certain time extension again and it will be reviewed at that point. Roger Derrick - When are you going to address the issue of which plot plan you want to go with? Don Ashworth - That motion includes that during this period of time the Council can consider that. Councilman Geving - That could be another council issue the next time we meet or when we can get it on the agenda. GORDON FREEBURG: Mr. Freeburg asked that something be done about the erosion in Trolls-Glen. Bill Monk will meet with Mr. Freeburg on Tuesday, July 21. FINAL DEVELOPMENT AND SITE PLAN REVIEW, CPT: CPT is requesting approval to construct a 150,000 square foot light assembly-manufacturing plant on 69.3 acres along the south side of Highway 5 in Hennepin County. Peter Beck, Jerry Jenko, Dennis McClinton, Jim Engler, John Torseth, Linda Bank, and Ken Anderson, representing CPT, were present. The proposed facility will employ 330 on the first shift and approximately 50 on the second shift. Storm water run-off from the building and parking lots will be directed to the east to a retention pond. The building is designed to be expanded to the east. Council members expressed concern about the traffic on Dakota and Highway 5. Ken Anderson, Westwood Planning & Engineering Company, has done a traffic analysis of the area and presented his report dated June 16, 1981. Councilman Horn moved to approve the preliminary and final development plan and plan amendment for CPT with the conditions outlined under recommendations of July 1, 1981, from the City Planner and also the July 2, 1981, recommendations of the City Engineer with clarification of item #7 in the July 1 report to include the toxic substance inventory analysis and with the inclugion of the City Manager's note on item #1. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. PRELIMINARY DEVELOPMENT PLAN AND SITE PLAN REVIEW, INSTANT WEB: Instant Web is proposing to construct a 206,000 square foot office/manufacturing/warehouse facility on a portion of Park Two east of County Road #17. The applicants site plan indicates the potential of splitting off a lot in the northwest of the parcel but due to problems of the final location of a potential holding pond this is not to be considered at this time. The City Planner reviewed his report of July 15, 1981. Councilman Neveaux moved to rezone the property from R-lA to P-3 Planned Community Development for that portion east of new County Road 17, Planning Case 81-1 Site Plan. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. Council Meeting July 20, 1981 -4- Councilman Horn moved to approve the site plan incorporating the Planner's comments of July 15, items 1-4 and City Engineer's comments of July 5 deleting conditions 1-3 under Drainage and substituting; Final grading and drainage plans I will have to be reviewed and approved by the City Engineer, and the City Engineer's comments of July 16, 1981, as shown on the site plan received by the City on July 20, 1981. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. CONCEPT PLAN FOR REALIGNMENT OF HIGHWAY 101 AND DAKOTA AVENUE INTERSECTION: Mark Koegler presented a report for realignment of the intersection showing several alternatives. Council members will discuss this item at a future meeting. BILLS: Councilman Horn moved to approve the bills as presented with the exception of checks #16779 and #16780 to James Leck Company which will be held. Checks #12759 through #12849 in the amount of $1,195,883.64 and checks #16717 through #16839 in the amount of $460,328.14. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. CONSENT AGENDA: Mayor Hamilton asked if council members wished to discuss any item on the consent agenda. There being no further comments, Councilman Geving moved to approve the consent agenda pursuant to the City Manager's recommendations: a. Kerber Blvd. Set date for Assessment Hearing. August 24, 1981. b. Downto1;>lll Redevelopment Project, 1981 Bonding, Special Meeting Tuesday, July 21, 1981 at 5:00 p.m. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. I Councilman Neveaux following voted in Geving, and Horn. moved to adjourn. Motion seconded by Councilman Geving. favor: Mayor Hamilton, Cauncil1;.¡oman Swenson, Councilmen No negative votes. Meeting adjourned at 1:40 a.m. The Neveaux, Don Ashworth City Manager I