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1981 08 10 I I . SPECIAL CHANHASSEN CITY COUNCIL MEETING AUGUST 10, 1981 Mayor Hamilton called the meeting to order with the following members present: Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. PREPARATION OF were present. will be a part WETLANDS ORDINANCE: Mr. and Mrs. Henry Sosin and Mrs. Susan Conrad Council members generally agreed that the proposed wetlands ordinance of a proposed environmental protection ordinance. Councilman Horn moved to charge the Lake Study Committee to prepare a wetlands ordinance with the assistance of staff and the citizens committee and, if necessary, consultation with outside experts and the City Attorney's Office and that they have a draft ordinance to the Council no later than November 1, 1981. Motion seconded by Councilman Neveaux. The following voted in favor: Councilman Horn. Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Geving voted no. Motion failed. Councilman Neveaux moved to direct the City Community Development Director to prepare a chapter on wetlands preservation and protection to a environmental protection ordinance for the City in concert with interested city committees, such as Lake Study, other official organizations interested in the topic to present to the Planning Commission for public hearing on or about November 1, 1981. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Geving. Councilman Horn voted no. Motion carried. PRELIMINARY PLAT REVIEW, CARVER BEACH PROPERTIES (QUADY PROPERTY): Staff recommended that this item be tabled until proper documentation has been received on the vacation of a road in this proposed plat. Mayor Hamilton moved to table this item until such documentation is received. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. FOX CHASE, REVIEW CONSTRUCTION PLANS: Kurt Laughinghouse was present. Mayor Hamilton moved to table action until the Corps of Engineers decision is received. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton and Councilman Geving. Councilwoman Swenson, Councilmen Neveaux and Horn voted no. Motion failed. Frank Beddor, representing the West Pleasant View Homeowners, Lotus Lake Association, and part of the Christmas Lake Association, requested an opportunity to present other problems that this development has within the area. STREET WIDTHS: The City Engineer recommended that the width of Fox Path be not less than 32 feet and all other side streets 28 feet. Councilman Geving moved to set the street width at 28 feet throughout the proposed Fox Chase Development (Council Exhibit A dated August 10,1981). Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. FOX PATH TERMINUS: The City Engineer recommended a T section due to the steepness of the grades and the amount of tree cover in the area. Councilman Horn moved to accept the permanent T recommendation as presented in the staff report. The street easement for a permanent cul-de-sac which would be incorporated at any time that the total street plan would not allow for the road to continue. The T section to be 15 feet by 20 feet with concrete curb and gutter. Motion seconded by Council Meeting August 10, 1981 -2- Councilman Neveaux. The following voted in favor: Councilmen Neveaux and Horn. Mayor Hamilton, Councilwoman Swenson, and Cóuncilman Geving voted no. Motion failed. Councilman Geving moved to approve a 60 foot radius permanent cul-de-sac at the I terminus of Fox Path with bitumius surface and concrete curb and gutter. The bituminus surface not to extend westerly of the cul~de-sac. Street right-of-way to extend to the westerly property line of Fox Chase. Motion seconded by Council- woman Swenson. The following voted in favor: Mayor Hamilton, Councilwoman Swenson and Councilman Geving. Councilmen Horn and Neveaux voted no. Motion carried. WATERMAIN LOOPING AND SIZE: Councilman Geving moved to select route C as shown in the City Engineer's report of August 10, 1981, at an approximate cost of $12,000 using an 8" watermain. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. LYMAN BLVD. ALIGNMENT STUDY (COUNTY ROAD 18): The Council reviewed the two alignments presently being considered by Carver County for new County Road 18. Chaska City Council has indicated a preference for alternate 3. Councilman Neveaux moved to direct the City Manager to send a letter to the Chaska City Administrator indicating that Chanhassen is generally in agreement with the southerly alternate or alternate 3 of the preliminary engineering report of June 1981 from the Carver County Engineering staff. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. CPT DEVELOPMENT CONTRACT REVIEW: Council members discussed various proposed changes to the development contract. Completion of the building is expected to be March 1982 with off-structure improvements to be completed by September 1982. I Councilman Neveaux moved to approve the CPT Development Contract as presented and amended this evening including the most recent plan revision of August 5, 1981. Motion seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. Changes are as follows: Section 2.02 (b) Site Drainage, Utilities and Grading Plan, dated June 16, 1981 as revised on July 2, 28, and 29, 1981, and final plan dated August 4, 1981. Section 3.01 Construction. CPT may commence construction of Phase I of the proposed development upon due execution of the within development contract and issuance of the requisite permit from the Riley- Purgatory Creek Watershed District and building foundation and grading permits from the City. Section 3.02 Grading and Lighting Plan. No permit for grading shall be issued and CPT shall perform no grading of the premises until CPT's final grading plan has been reviewed by City for purposes of verifying that said grading plan is in conformity with all provisions of the within contract. Section 3.03 Sign Plan. (Add) CPT may, notwithstanding to the provisions of this section, erect a temporary sign which may remain on the premises during the construction of the project. Section 3.05 Preparation of Final Building Plans. (Add) except that a building foundation and site grading permit may be issued prior to receipt of final building plans. I I I Council Meeting August 10, 1981 -3- Section 3.07 Temporary Erosion Control. Section 3.08 Permanent Erosion Control. If CPT is required by the Riley-Purgatory Creek Watershed District to construct permanent erosion control measures in the drainageway located in the westerly and southwesterly areas of the site, and if the City thereafter constructs similar improvements in said drainageway and levies special assessments therefore, the City shall give appropriate consideration to CPT's prior measures and related expenses in determining the extent to which CPT is benefited and should be assessed for said similar City improvements. Section 4.05 Special Assessments and Taxes. CPT shall pay all unpaid special assessments for public improvements benefiting said premises, whether or not said assessments have been levied. Section 5.01 Pedestrian Trail. (Add) Said easement shall, in any event, be no wider than 20 feet and shall not be available for use by any thpe of motorized vehicle, except City vehicles used for easement maintenance purposes. Section 5.07 Future Expansion and Development. CPT shall not expand the proposed 150,000 square foot plant nor develop the premises beyond the scale proposed by the plans set forth under Section 2.02 hereof until provision is made for a second access to State Highway No.5. Said access may be provided by means of the extension of the south State Highway No.5 frontage road easterly to its intersection with l84th Street and the improvement of l84th Street northerly to State Highway No.5; other alternatives, at the City's discretion, may pr-ovide said second access. A perpetual easement for all street right-of-way needed for said frontage road extension and the improvement of l84th Street northerly to SOate Highway No. 5 shall be granted by CPT to the City at no cost. Section 5.09 Retention Pond. (Add) Said pond may be replaced by alternative surface water management techniques approved in the exercise of the City's reasonable discretion at the request of CPT. Section 5.10 Street Lighting. Public Improvement Project. Exact wording to be completed by the City Attorney. Section 5.11 Improvement Guarantee. Prior to the issuance by the City of a certificate of occupancy of the Phase I plant, CPT shall deliver to the City an irrevocable letter of credit in an amount to be estimated by the City Engineer to cover 110% of the cost of completing then uncompleted off-structure site improvements, including lighting, parking lot areas, concrete curb, landscaping and survival of landscape plantings for two growing seasons after initial planting. The form of said letter of credit shall be approved by the City Attorney, and shall be for the duration as determined by the City. In the event of the failure of CPT to complete said off-structure site improvements, the City shall be authorized to draw upon said letter of credit for the purpose of completing said improvements by City forces or by independent contractors selected by the City through public bidding processes. Upon completion of said off-structure site improvements by CPT and acceptance of completion by the City, said letter of credit shall be reduced to an amount estimated by the City Engineer to cover the cost of replacement of landscaping plants which fail to survive two growing seasons. In the event of the failure of CPT to replace the non-surviving plantings upon demand therefor by the City, the City may draw upon letter of credit for the purpose of replacing said plantings. 1981 SPECIAL ASSESSMENT POLICIES: Council members reviewed methods of assessment used by the City for public improvements projects. Council Meeting August 10, 1981 Councilman Geving moved to following voted in favor: Neveaux, Geving, and Horn. Don Ashworth City Manager adjourn. Motion seconded by Mayor Hamilton, Councilwoman No negative votes. Meeting -4- Councilman Horn. The Swenson, Councilmen adjourned at 12:30 a.m. I I I