1981 10 26
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SPECIAL CHANHASSEN CITY COUNCIL MEETING OCTOBER 26, 1981
Mayor Hamilton called the meeting to order at 7:30 p.m. with the following members
present: Councilmen Neveaux, Horn, and Geving. Councilwoman Swenson was absent. The
meeting was opened with the Pledge to the Flag.
AMERIC-INN CONDITIONAL USE PERMIT: The developer is requesting that the sewer and water
trunk charges be assessed and levied over ten years. The City Manager recommended
denial of the request as it would set a precedent. The City Manager was instructed to
resolve this issue with the developer.
Section 5.05. Schedule of Work section of the conditional use permit was discussed.
It was decided to insert the date of June 1, 1982, for completion of construction of
the motel and all site improvements. This date was agreeable with Mr. Graves.
The Sign Committee has met and recommended approval of two signs for the property.
One 4' x 8' sign along West 79th Street and one 4' x 16', interiorlighted:_sign....~'
along State Highway 5. Proposed sign approval will appear as a consent agenda item
at a future Council meeting. The City Attorney brought to the Council's attention a
Supreme Court decision on the issue of distinguishing between commercial and non-commercial
signs. Councilman Horn requested an opinion from the City Attorney on what the position
of the Council could have been regarding signs along Highway 5.
The City Forester has looked at the Americ-Inn landscape plan and suggested an additional
two trees. Council members requested that trees be planted to screen the air conditioning
units from view. Council members requested the land sentence in Sectiôn 3.03 be amended
to state: No landscaping permit shall be issued and Developers shall perform no
landscaping until after said landscape plan has been reviewed and approved by the City
Council.
Councilman Neveaux moved to approve the conditional use permit as shown on Exhibit A
dated October 5, 1981, with the change in Section 3.03 that the landscape plan be
reviewed by the City Council and that four additional trees be planted on the west
side of the building to conform with the landscaping on the east side. A faster growing
type of tree be specified by the City Forester. In Section 5.05 the date of June 1,
1982, be inserted. The recommendations of the Sign Committee will be considered on
a future consent agenda. Motion seconded by Councilman Geving. The following voted in
favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion
carried.
CARVER COUNTY ASSESSOR: Mayor Hamilton reported on a meeting he attended along with
the City Manager, County Board Chairman Joe Neaton and Jerome Aretz regarding the
county assessor.
PROPOSED AMENDMENT TO ORDINANCE 47, RECREATIONAL BEACH LOTS: The Lake Study Committee
and Planning Commission recommended the proposed ordinance amendment after numerous
public meetings and public hearings. Council members discussed various changes to the
proposed ordinance as follows:
1. Third sentence, first paragraph, Section 1. This ordinance is enacted for the
purpose of exercising such authority so as to assure the public health and safety, the
most general public use of the surface of public waters, and the conservation of
water resources and protection of the surrounding environment.
2. Second paragraph, Section 1. The City Council's purpose in enacting this ordinance is
to promote public health, safety, and general welfare, to promote safety and
sanitation in the use of public waters, to keep public waters open for general public
use, to avoid pollution and uncontrolled excessive use of public waters for docks,
moorings and other structures, and to eliminate unsafe and unnecessary installations
of docks, boat mooring areas and other fixed or floating structures on the lakes.
3. A list of all lakes and the river in Chanhassen are to be included in the proposed
ordinance amendment.
4. First paragraph, first sentence, Section 1. The City of Chanhassen is authorized to
Council Meeting October 26, 1981
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5.
enact regulations relating to the surface use of public waters and the adjoining
shoreline lying wholly or partially within its legal boundaries.
Third paragraph, last sentence, Section. Rather, it is the intent of this
ordinance to preserve the present quality of public waters by preventing I
uncontrolled excessive use of the surface of public waters, the abutting
shoreline, and to insure the safety of the public in the use of public waters.
Section 4.02, Definitions, include a definition of a recreational beach lot.
Section 4.02, Definitions, include definitions of seasonal and permanent docks.
Section 6.04, lOa, No structure, ice fishing house, tent, recreational vehicle
or other shelter shall be erected, maintained or stored upon any recreational
beach lot; provided however, that professionally maintained portable chemical
toilet facilities may be placed upon any recreational beach lot if located
not less than seventy-five (75) feet from the ordinary high water mark.
Section 4.02, Definitions, include a definition of a cross-bar.
Section 6.04, 109, second sentence, The cross-bar portion of any liT" or "L"
shaped dock shall be included in the computation of length described in the
preceeding sentence.
Section 6.04, 10i, At least eighty percent (80%) of the dwelling units, which
have appurtenant rights of access to any recreational beach lot, shall be located
within at least one thousand (1000) feet of said recreational beach lot.
Section 6.04, 10j, No recreational beach lot may be used for swimming beach
purposes unless swimming areas are clearly delineated with official Coast
Guard approved marker buoys.
Safety standards, such as #12 above, shall be applicable to all recreational
beach lots whether existing or proposed.
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A survey of each existing recreational beach lot was taken during the week of June
4, 1981. If existing conditions are different than what appear on the survey,
association members will have to appear before the Council to prove the difference.
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A map will be included with the ordinance amendment showing the location of existing
recreational beach lots and also the beach lot surveys.
The proposed ordinance amendment will be redrafted with the changes and submitted
to the Council.
SIGN ORDINANCE: Scott Martin reported that the Sign Ordinance is in the process of
being rewritten but due to substantial changes in the industrial and commercial
zoning districts, the Sign Committee felt that the Sign Ordinance should wait until
the zoning districts have been completed.
Councilman Neveaux
following voted in
No negative votes.
moved to adjourn. Motion seconded
favor: Mayor Hamilton, Councilmen
Meeting adjourned at 11:15 p.m.
by Councilman Geving. The
Neveaux, Geving, and Horn.
Don Ashworth
City Manager
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