1991 06 24CHANHASSEN CITY COUNCIL
REGULAR MEETING
JUNE 24, 1991
MEMBERS PRESENT: Mayor Chmiel, Councilman Mason, Councilman Workman and
Councilwoman Oimler
MEMBERS ABSENT: Councilman Wing
STAFF PRESENT: Don Ashworth, Roger Knutson, Todd Gerhardt, Charles Folch,
Jo Ann 01sen, Sharmln Al--Jarl, Todd Hoffman, and Scott Harr
AUDIT PRESENTATION:
Hayor Chmiel: ...an audit and general purpose financial statement for the City
of Chanhassen that Deloitte and Touche has done for us. We thought that just a
brlef summarization of this to the general public just to let you know where
we're going as a city and how we're faring within the past year. So with that
Z'd like to turn it over to our representatives from Deloitte-Touche to bring us
up to date as such.
Cliff Hoffman: One of the measures that people in the community frequently look
at from a governmental standpoint is, they wonder how efficient are we. How
efficient lsa clty 11ke Chanhassen as compared to larger citles or clties the
same size in the suburban Twin Cities area. The first slide that we have here
shows the relationship between population and number of households the clty
employs. The City of Chanhassen fares very well on these comparisons. In the
1990 column the population per employee, thls stands for every 245 people in the
population there is one city employee. Other statistics for comparable suburbs
to Chanhassen are in the neighborhood of 190, 220 to 230. Your number looks
very good compared to that. Also the households per employee. Part of how you
accomplish thls ls the Clty contracts out for servlces rather than adding
permanent employees. For making major construction improvements, that type of
thlng, do not have a major publlc works department. The City of Minneapolis for
instance has a very large public works department. Their ratlo comparable to
your 245 ls under 100. One of the things that's important for the City to focus
on and keep in mind as far as keeping track in the budget in the future. As the
Clty grows, the number of clty employees wlll also grow but your efficient as
long as the ratios don't change. Another factor on this transparency we'd like
to polnt out ls that there was a rate increase from the water and sewer
standpoint this past year. Two things were a problem in your water and sewer
fund down here. 1990 was a relatively wet year compared to 1989. Another
factor was that the Metropolitan Waste Control Commission increased sewer
charges by $253,000.00 which lsa 71~ increase. Those costs were passed
directly to the Clty and really the City Council and their management had no way
of knowlng it would be that much and be able to react to them. One of the
things that's important to focus on for the future that we have discussed with
. management is the lssue of any tlme the sewer charges change, that has to really
be reflected in rate increases immediately because you don't control that and if
you...change the fuel costs and the power b111. The City cannot control that.
Turn£ng to the next transparency is the ratio of debt per capita compared to the
national average. The City of Chanhassen is a young city and as you would
expect, the debt per capita is higher than the national average. However, only
City Cour~ci.], Meeiillg - .Tune 2_4~ 1991
$318.00 of 'the total of .$1,771.00 is actually paid directly by the general
(axpayers. Ihs 'r'esf., bhe $1,453.00 per capita is assessed against specific
owners of property who have specific improvements made. It is not a general
oblig~tion of all (he taxpayers. The next line below ~e show ~hat the operating
r~tio is and you can see how tight the profit margin is with the water and sewer
fund as cci, pared to the ~a[ional average. Nationally most cities make much more
on their water and sewer funds than the City of Chanhassen does. The biggest
problem once again though ~hat you have is substantially all the costs come from
Ihs Hetropolitan ~aste Control Commission... Next I'd like to turn to the
transparency that shows what your operating fund balance is. One of the things
that's important when ue look at this slide is this is the balance sheet of Four
equity of what Four net worth is. Tl~ere are choices that cities make in their
accounting decisions and the City of Chanhassen follows extremely conservative
accounting philosol~hies. For instar, ce, at the first par[ of 3uno the controller
for the City of Houston was leading a discussion with what's wrong with the City
o¢ Houston and the big bang that's coming in governmental accounting. Half the
city of Houston, currently they show a general fund balance of a positive $30
million, Their general long term debt...accounts however, they have a liability
for vacation and sick pax of over $280 million, ~hat the government accounting
standards bo~.trd is saying is that you should budget currently for the cost of
t, oday's governnment and that liability belongs over in the general furmd. So
Clark from the City of 14ouston indicated he's going to have a problem explaining
to the taxpayers in 1994 how their real fund balance is not a positive $30
million but it's a deficit close to 1/4 of a billion dollars. The City of
Chanhassel~ in i994 when the accounting changes, your numbers are going to look
the same provide you maintain operations. There are no skeltons in the closet
and you're following the most conservative accounting policies possible.
Overall, looking at Four operati~]g fund (ypes, your general funds, special
revenue funds and enterprise funds, there's an increase in ~hat we'll call a net
liquid assets of about $365,000.00~ Now that was very good considering that the
City suffered a ~oss of local government aid of $310,000.00 that it didn't know
about when you set the 1990 budget. I've already talked about you had a
difficult year for water sales. ~lmost $253,000.00 increase in Metropolitan
~aste Control Commission costs that you didn't know about, overall the City is
charging for today's taxpayers for today's services. Turning to the next
traflsparency. Looking at tile amount of equity that you have in your general
fund, which is your main operatif~g fund, the City has slowly grown that balance.
~s you'll f~ote, the size of the city has gf'o~il as liecessitated by the change in
population. One of the reasons why the City has to maintain a fund balance is
because how the casl~ comes i~]to the City. ~pproximately 10~ of the revenue
comes ir, to the City the first 5 months of the year. Your property tax revenue
and most of the stale revenue does not come in until the month of June and only
a portion of it comes in there and then most of it, the second half of it comes
i~ in October-November. So what happens thei] is really the City needs a fund
balance of almost a million dollars just to cover financing the operation of the
government for the first 5 months of the year. If you didn't have the fund
balance, what would happen is the City would have to use what's called tax
anticipation borrowing. Borrowing short term money and paying interest to pay
current operati]]g costs...salaries and that's a little bit like using your
credit card to buy your groceries. That's considered to be a big negative from
a governmental standpoint. The City is well to maintain the fund balances
they're going to need to grow as the size of the city grows. Turning to the
nex( transparency, looking at where the City's revenues come from in 1990 which
City Council Meeting - June 24, 1991
is the solid column versus in 1989, there has been a big change in property
taxes that had to happen because of what happened in intergovernmental revenues.
You lost $310,000.00 of local government aid. That was not changed...by City
Council or management. That's what happened to the State of Minnesota. Made up
with that, your property taxes, through charges for services, licenses and
permits are down. Not down as much though as they are in many other cities in
the Twin Cities area so you do have still a relative building boom going on
compared to most places. 8ut you have seen a slow down in the economy and that
is reflected in the licensing and permits. One of the encouraging signs is if
ue go back to 1985, there was a time when the City's budget was also about 522
property taxes. The difference though back in i985, close to 252 of the revenue
was coming from State Aid. Now the City is in more control of it's own destiny
right now because where you've made up for the drop in the intergovernmental is
through licenses and permits and user fees. So the City is more controlled
locally over what's going to happen as far as it's destiny. So that's a good
sign. Turning to the next 5 charts, one of the things that you look for in
government on the expenditure side is for government to be born. Today's
taxpayers should expect to have the same level, same...of governmental services
as those 5 years from now. You maintain adequate fund balances so the
government can be consistent in the future. The City of Chanhassen for instance
spends a little over 342 of it's budget on public safety. That is consistent
with what last year was and if you go back over the last 5 years, you'll find
that that hasn't varied much. Also the other areas on the revenue pie are also
very consistent. One of the things that's often asked is what is the right
level to spend on public safety. Normal range in our client base is we're
seeing a neighborhood of 352 to 452. You're on the lower end of that range and
the main reason is because you have a volunteer fire department. If you had a
full time fire department it would be closer to 452. National statistics, the
City of Miami spends 652 of it's budget on public safety so you cannot say that
necessarily how much you spend on public safety is necessarily indicative of the
quality of life. Turning to the next transparency, we're taking a look at the
enterprise funds. The black column is revenue and the column on the left are
the expenditures. You can see that expenditures have exceeded revenues for the
last 3 years. The biggest reason for that is in the operating expenditure
column, 552 of the costs of the Metropolitan Waste Control Commission, the City
Council and management have no control over what those costs are going to be.
Those have increased substantially. In 1989 those costs were 462. Those have
been going up tremendously. Turning to the next transparency, one of the
questions that a lot of people have is when the City has taken out debt, they
reduce the capacity for the city to grow in the future because you have so much
debt outstanding. There are a lot of organizations, the way they've taken out
their debt, they used a lot of zero coupon bargaining. If you look out at the
future, the amount of debt service payment is huge in the future. All the debt
is gone by the year 2004. The lower part here is the general obligation bonds
which are supported by all the taxpayers. You can see that's a relatively low
amount. That also disappears by the year 2004. The upper bars are special
assessment bonds which have been assessed against specific owners for specific
improvements. The top part of the graph is tax increment financing which are
paid by specific projects. Not the general taxpayers of the City of Chanhassen.
The City's future I think is very bright. In fact when you have the next wave
of growth that's going to occur in this city, you have the capacity to levy...
more debt in the future. Now there is the capacity to borrow and make the
necessary improvements to your infrastructure to grow in the future.
City Council. Mr;~Ljng - J~ine 24~ 199].
Mayor Chmie].: Thank you.
Cliff Hoffman: Dan will bt'lc, fly go through the management plan.
Dan Mulberry.'. ITl addition to the comprehensive annual fund management report,
we did is:sue a management letter to the City of Chanhassen. We have discussed
observations, background and our recommendatlons...management and they have
agreed to implement our recommendations in the coming year. Just one brlef
comment. We dld observe the Clty. Management and City Council has done an
exceptional job of controlling the finances oF the City...
Hayor Chmiel: Thank you. Appreciate that.
Councilman Workman: Excuse me. I didn't hear you. Would you repeat that?
Hayor Chmiel-' Okay. Thank you for bringing that to our citizens indicating
what our year end of December 31, 1990 has been with our management statement.
Wlth that we will now call the meetlng to order.
Mayor Chmiel called the regular portion of the meeting to order at 7:30 p.m..
The meeting was opened with the Pledge to the Flag.
APPROVAL OF AGENDA: Councilman Workman moved, Councilwoman Dimler seconded to
approve tho agenda with the following additions and changes: Mayor Chmiel
wanted to dlscuss under Vlsltor Presentation the BMR pllot project, under Public
Heaf'£ng to add final plat under the Bryne Subdivision and under Count11
Presentations dlscuss request participation by the Senlor Citizens to volunteer
their services to the City. Councilwoman Dimler wanted an update on the
billboard ordinance and Dlstrlct ~112 garage sale under Councll Presentations.
All voted in f~vor and the motion carried.
PUBLIC ANNOUNCEMENTS: None.
CONSENT AGENDA: Councilwoman Dimler moved, Councilman Mason seconded to approve
the following consent agenda items pursuant to the City Manager's
recommendations:
Approve Three Day On-Sale Non-Intoxicating Liquor License, July 3, 4 and 6,
Chanhassen Rotary Club.
c. Resolution ~1-58: Accept Feasibility Study for TH 5 Frontage Road
Improvements at Lone Cedar Lane; Call for Public Hearing, Project 90-9.
g. Zoning Ordinance Amendment Regarding Planned Unlt Development Regulations,
Final Reading.
h. Approval of Accounts.
City Council Minutes dated June 10, 1~91
Planning Commission Hlnutes dated June 5, 1991
All voted in favor and the motion carried unanimously.
City Council Heeting -- June 24, 1991
D. APPROVE PLANS AND SPECIFICATIONS FOR SOUTH LEG TRUNK HIGHWAY 101; AUTHORIZE
ADVERTISING FOR BIDS, PROJECT 90-20,
Councilman Workman: I didn't get a chance to look at the plans and I wasn't
sure Charles that I uae able to glean from your note here. I'm excited that
we're going to be doing this and getting going on this. It appears as though
the reason we're going to do this temporary is kind of confusing to me. We're
going to be removing an awful lot of extra trees it would appear in this area.
Clearing, grubbing, grading, construction of a rural roadway section. Ditches.
Storm sewer and us're spending an awful lot of money. Can you give me a little
clearer idea why ue want to do this? Is this just to get it rerouted now before
TH 2127
Charles Folch: That's primarily the basic impetus. As you mentioned, the
permanent alignment of TH 101 likely won't occur until the TH 212 improvement
project is taklng place and that may not occur for a few more years from now.
And HnOot has stated very emphatically that they would not approve a
redeslgnation of rerouting of the current TH 101 without having that temporary
connection down to the existing TH 101. Therefore at this point in time it does
seem some of the concerns and lssues we are deallng wlth in the downtown traffic
situation, it seems an appropriate time to try and relieve the burden carried by
the downtown trafflc system of thls thru trafflc for TH 101.
Councilman Workman: So the rerouting will take place simply by signs? The old
TH 101 w111 not, Frontier Trall will not close wlth thls? Or wlll lt?
Charles Folch: Frontier Trail or the old TH 1017
Councilman Workman: Frontlet Trail. Great Plalns.
Charles Folch: Great Plains. No, that won't close. In fact HnDot is requiring
at the present time that there be an intersection realignment with the old TH
101 until the middle section of Lake Drive is completed. When that is
completed, then it u111 be disconnected from the old TH 101. North leg if you
u111 north. North of that point.
Councilman Workman: Okay. I would move approval.
Counciluoman Oimler: Second.
Resolution ~91-59: Councilman Workman moved, Councilwoman Dimler seconded to
approve plans and specifications for South Leg Trunk Highway 101 and to
authorize advertising for b/ds on Project No. 90-20. All voted in favor and the
motion carried.
F. APPROVE PLANS AND SPECIFICATIONS.~IT¥_ CENTER PARK/CHANHASSEN ELEHENTARY
SCHOOL PLAYGROUND AND TENNIS COURT REUITALIZATION.
Councilman Workman: I just wanted to say with this. I have not followed this
that carefully. It seems there's been a whole lot of effort into it and a lot
of people are happy with it. However, we're movlng ahead a 11ttle quicker than
I feel comfortable with but it seems like a lot of effort went into this by Park
and Rec and everybody and I just wanted to...good job.
City Counc.~l MeeEing -- June 24, I991
Mayor Chmie.'L' An(l no't. even a Lls~d car salesman.
CotLncilman Workman: All ¢.le. ctl'icity .sale,man? Y'd move approval.
Councilman Nason~ Second.
Councilman Workman moved, Councilman Mason seconded to approve plans and
specifications for City Center Park/Chanhassen Elementary School Playground and
tennis court revitalization. All voted in favor and the motion carried.
VISITOR PRESENTATIONS:
Hayor Chmiel: I'cJ just like to take just a couple minutes just to sort of hit
on th~.; article that we had in the Cha~l',assen Villager covering the mosaic that
was presented to us by the Department of Natural Resources on reforestation
wJti~in the 61ty of Cham)hassen. Tt's sort of a pitot project that they have with
us. Hdybe if the camera can pan over to the Far slde of '[he wall and they can
hopefully see that mosaic showing the amounts of trees that we have within the
city, We're looking at the different species of trees as vel1 and hopefLtlly if
w~ pull this togeth(;r and get someone from the Department of Forestry. A
student to go through the clty of Chanhassen and record exactly wh~t we have
within the c.(ty, f-lLtalities, the sJ.z~-:s and types of trees. Z thlnk being chosen
by the Department of Natural Resources as ~ pllot project withJ, n the City is
something 11~ itself. As everyone well knows, council, and staff have all been in
favor of keeplng the trees that we have. Tt's that old adage Z keep uslng,
they're great i. 1) the. summe'r' lo siva(Jo our holmses and absolutely great in the
winter when '[hey lose thelr leaves so the sun can come back 1nrc the house and
warm .Lt Up. SO it's sc)toothing well worthwhile as fa)' as I see and we will be
pursulng that particular project. Next 1tern lsa public hearing.
PUBLIC HEARING: ROGER BYRNE PROPERTY, 6724 LOTUS TRAIL, CARVER BEACH:
A. PUBLIC HEARING VACATING WILLOW ROAD.
B. PRELIMINARY PLAT AND FINAL PLAT AND LOT AREA VARIANCE.
Sharmin Al-Jaff: This proposal is located in the Carver Beach subdivision. It
predztes tile zoning ordinance. This subdivision was created in 1927. The
applicanf, s are in ownership of three lo(s that are substandard in area. They are
proposing to recombine them into two parcels. Parcel A is going to be the
future site for a residential slngle family. Wlll have an area of 13,550 square
feet. Parcel B is an (;xisting home. Is proposed to have an area of 11,326
square feet. Both parcels tlave lot area variances attached to them. We
surveyed the area wltllin 500 feet as reqlzired by ordinance. The average lot
size was 11,100 square feet. Both those lots exceed the average ulthln the
,eighborhood. We find it reasonable to support this varlance as no precedence
will be set. Also, Parcel B is golng to lmprove in lot area. Currently it has
?,100 square feet. It will be increased to 11,326. The applicants are also
requesting the vat,trion o'F mJi. llou Road. This road was never improved because of
the steep grades. We are (n favor of 'll~e vacation ulth tl~e understanding that a
20 foot wlde clf'al)~age easement be preserved in favor of the Clty. We are
recommending approval of the proposJl with conditions outlined in the report.
City Council Meeting -. June 24, 1991
Mayor Chmiel~ Okay, fine. Thank you Sharmin. Is there anyone at this
particular tlme who would like to address the public hearing? If so, please
state your name and your address.
Roger Byrne: Roger 8yrne, 6724 Lotus Trail. The only thing that I don't.really
agree with on this thlng, that I have a problem with ls the, well we had a deal
where we were going to share the driveway with the property to the south.
don't know, I suppose you all read the report. Anyway it's the drlveway is
exlsting is there. They've got it down as a 20 foot driveway which we can't
have because a h111 on one side and a flre hydrant on the other slde so they
said they'd probably work with us on that. I was looking at it a little harder
here slnce the Plannlng Commission meetlng and staff sald they wanted us to
share the driveway because they didn't really want two curb cuts right next to
each other from a safety standpoint. Well, the more I looked at that driveway
that's there, that driveway is not very safe. I mean I built that driveway in
the flrst place about 20 years ago and I didn't have safety in mind at a11. The
more I look at it rlght now, it's not too hot. Because right to the south side
of there lsa big h111. You go at a 45 degree angle or gO degree just about off
the street. It goes up immediately. There's an incline. Where you're coming
down Lotus Tra11, you turn on the driveway and you have to walk. Well wlth the
fire hydrant now, of course the fire hydrant wasn't there when I put the
driveway in and that's in my own 'defense. But wlth the flre hydrant there now,
you can't go around the driveway and give her some gas to get up because if you
sllp, bang you're into the fire hydrant. Well, when the same thing when you're
coming out of the driveway. It's a down grade. If lt's slippery in the winter,
or even in the summer, the h111 ls rlght there and you can't see the cars coming
down. It's really an unsafe driveway anyway~ So I guess what I'd like to
propose is I'll have 60 feet along there, I'll make my own drlveway down a
little bit farther on the other side of the fire hydrant somewhere. Have an
englneer look or something. Another one of their concerns was the eroslon
problem. Well as far as erosion, most of the erosion comes in the street. I
mean some washes out of there and apparently it's gravel and lt's sloped. It
washes a little bit but it's not like a creek coming down there when it rains.
It's just whatever falls, runs you know. Most of the erosion was from the road.
It's not from coming out of that driveway. I guess they wanted it paved for
that reason for the erosion and stuff. I guess I'm not really against the
paving and stuff but the more I looked at that driveway, I think I could make
myself a better driveway down a little bit farther than sharlng that driveway
with two people and havlng two curb cuts I think would be safer than having one
curb cut in that locatlon to serve two houses. In fact, I don't know if the
City Engineer is here that was out there tonight. He didn't want to back out of
there. My wife sald he turned around because you can't see and the fire
hydrant's right there and the hill's on the other side. It's just one of my
concerns. In fact that's the only concern I had. The rest of the report and
the recommendations I thought were really good. Were some things I never
thought of and I was glad they came up wlth them. But just that drlveway
business. The more I look at it, the more I don't like it.
Mayor Chmlel: Roger, that wasn't your fault. It's the City's. They put the
hydrant in afterwards.
Roger Byrne: That's right. They put the hydrant there after Z made the
driveway.
,qOLLllCi].m,:~l~ Workman: Can we :n~ke a1~pFt'va] wl;']~ :zi.! !.];8~:e. cJ]ar~ges on this?
Mayor Chi, jr,]; I ~l~i~k i:i~,.~'.,:;s somethi~g probably we'd have to have dJ. scussion
-;,~ith staff to see. What their position would be of~ that.
Roger Byr~,,':.' I dLdr~'i. 'La].i; to ii,em either after tl~at. I was just looking the
1....',st few days and Z've been out of town. Z had to go to ,,~ork and Z didn't get a
chance to ta]k to them ,'1teL(.*. i~ eith~.;r again you know. I was going to talk to
them but Z didn't. But the mof'e Z looked at it the more Z thought Z'd better
say something about th:[:-.:.
Mayor Chmiel: I'm glad you brought it
Rouer Byrns; 'l'hat'c all I have. Well, I have one other tiling. Small letter'
from my neighbor. The people who 1lye to the south t. hefe.
Mayor Ct',miel: That w~::: on~. of the q~estions was whether of- no'( you had gotten
~ny ,~greement.
!is:jet By'r'ne: Yeah. The>":e hapF, y to do it. I guess that's all I have.
Thal~ks.
Mayor Chmie!~ 8ood, Thank you. Ar~yone e.lse wishing to address the public
hr-;~tf'ifig?
Councilwoman Oimler moved, Councilman Workman seconded to close the public
hearing. A].i vo[ed in favor and the motion carried. The public hearing was
closed.
Hayer Chmie!'. Cha'r'!es, do you see al~y problem with that d'rive from the existing
'L~.: tho :sLtggested tl~t Roger brought up?
C:!laries Fo]oh:: i guess I wou].cl tend to agree with him. It is, after viewing it
i. onigl~t, it is ,.~ difficult location. The hydrant is very vulnerable. In fact I
~ou]d probably recommend that if we were golng to go with a common driveway,
tha~ we pro,eot that hydrant with some bollards because it's right out there in
the middle. As far as relocating it to a different location. ! guess my lntent
~onigh~, wi'mile I uasm~'t looking at that option so I haven't taken a close look
at that. Off the cuff my guess ~oLtlU be that the only difficulties you may run
t~to uitl~ a separate access as far as from having too close together from a
~;,~'fety aspect is you're going to probably lose some more trees. Your tree loss
will prol)ab].y be the sa,me, if not more go~.ng to a different location and you'll
have difficulties cuttlng in'Lo ~hat slope. I understand they're looking at
pos:sibly ,'z tuck ur, der garage type setting but you will have to do some cutting
of that hill and your side slopes accordingly so the tree loss would be fairly
extei~sive I would think.
Mayor Chmiel: Yeah. I .just drove past there and ! didn't look to see what you
i~;.tvc to cu',: with the new suggested drive.
Roger gyrne', i don't really know what kind of ho'ase... We're not really
l,:)ok.in~; for ~ building pet'mit right i~ou and wilen j.i: comes t. he time to build...
'thnn we could design g, dr.iveway with that in mlnd. Something that's a lot
C.[t>, Council Meeting - June 24, 1991
better than what's there at that point in time. There's probably almost 35 feet
there with no trees at all down from there on the other side of the fire
hydrant. But those trees, there's kind of a parking lot thing there now. The
driveway could go in there somewhere...
Mayor Chmiel: Sharmin, do you have any comment?
Sharmin Ai-Jaff: The reason why we recommended that the driveway be paved was
to control erosion. That's the only solution that the engineering staff had.
As far as the tree removal, ue will work with the applicants to preserve as many
trees as possible. Or allow them to remove as 11ttle or as few.
Mayor Chmiel: Minimal.
Sharmln A1-Jaff: As minimal trees as possible.
Mayor Chmiel: Okay, thanks. Any discussion by Council?
Councilman Mason: 5ust real quickly on the paving thing. I live in Carver
Beach also and Z got elected on a really strong environmental stance so I hope
Z'm not dolng a disservice here but that road lsn't paved and if we're talklng
about puttlng culverts in there too for erosion, I guess I would just as soon
see number 5 recommendation changed to if and when Lotus Trall gets paved they
would then pave their driveway. Right nov it stands with the staff
recommendation that when a house gets bullt there they have to pave a drlveway
regardless of whether Lotus Trail is paved.
Sharmin A1-Jaff: That was the recommendation the Plannlng Commission had. It
should be on the last page of the report.
Councilman Mason: Rlght. Yeah. Any maybe that whole eroslon thlng for Lotus
Lake is something that needs to come up at another time because Lotus Lake is in
kind of tough shape but that's not the issue here I guess.
Mayor Chmiel: You're right it's not. Okay, Tom? Ursula?
Councilwoman Dimler: My concern was that we got that letter signed off. Are
there any other property owners that need to sign off there besides the one we
just received?
Sharmln Al-Jarl: Not really .... ownership of those three lots or parcels.
Those are tax forfelt lots. This parcel has frontage on...Orive. This parcel
has it's entrance on Lotus Trail and thls one accesses on Carver B~ach so.
Councilwoman Dimler: Everyone's taken care of?
SharmJn Al-Jarl: Yes.
Mayor Chmlel: Okay, Z guess I don't have any problems with this except maybe
having just one more condition. Maybe this is part of the bullding permit.
Prior to any digglng that the...to make sure that the applicant ls aware of that
as well. So there's Ilo need for it to be on there or should it be?
C. iLF Council 14ee~ir,~ Jun~o 2~: .1.99]
Sha'rmJ. n aJ.-Jaff: You car, make it a condition ai,d havo i1: on there.
Iiayor Chl,i,:l' Okay. WI~y <Joll't we just add that. Any digging, any utilities
ulthln the area, they come out and stake it and tell them where it's at so
'they'd':> i~ot dll9 up to p'.,ovide pr'oblem .services witl~irl tl~e area. Just a small
thing. Nothil~g big. Okay. Yes, Roger.
Rog~er' Knutson; One small item. Just so you're aware of the potential problem.
Not that it will h~-;p~e~ but onoo the bullding permit ls lssued and a home ls up,
wo ;~sk someoll'J .ia'i:r;r to p~tt ill a paved driveway, enforcement c.ln be difficult,
Mayor Chmiel-' What you're saying is rather than.
Roger Knutson: We don't have al~y leverage at that point.
Hayor Chmie].; Okay. That it be still part of the condition within, and I think
that probably from tim applicant's standpoint, I would thirlk you'd want
something wlth a paved drlveway in there.
Roger Oyrno: I hay.'.~ no p~'oblem with paving the driveway. I guess the only
r. hing is, that's not the driveway I want to pave~ The drive~ay that's there
IIOW.
Mayor Chmiol: Ri.qht. We're talking the re].ocation of ti~e driveway in the other
d.l. rect. ion. Is wl~at we're talkirlg. So with that, Mike?
Councilma~ .H~son: Do we need to change recomnle, ndatlon 5? He's talking about
p~tting i]~ ano~.her dr-iveway?
i'l,~y~r Chm.i. el' Y,':s. Charles, can you make a suggestion in there being it's
;doing to b~; by your appf-oval?
Charles. Folch: I think we can .just stipulate that when a home is built on
Parcel A, you cal, eliminate tile common section portion and just reword it
accordingly that if in the Future when the main road ls improved to bituminous
section, tl;at tile driveway ,'-zlso be paved ,'icco'r'dingly. I guess I would also
stipulate some timeframe that would be appropriate to have the driveway paved
Mayor Chmiel: I guess ~he applicant is saying basically he has no problems with
putting the drlvew~y in now. Oi' when he does build it rather than when the road
becomes paved and that's the polnt Roger was bringing up.
Roger Knutso;l: R.Lgl]'L. If you tied it to the col]struction of the i]ew I~ome, that
way when sonleone comes in for a building permit.
Mayor Chmiel: Alright. Let's us~ ou~' counsel. Mr. Emmings, would you like Lo.
Stove Emmings: I don't know if this helps or just adds confusion but the
r:ec;ommendation that's ill the Pl:in{]i{]g L'.olnmi.'.s.'.~iOl~ Minutes is ]lot what happened ;it
the Planni]~g Commission. That number .5 that you have in front of you ls not
from ti~e Planning Oommi'.~SiOl-,. Zf you read what Erhart who made tile motion, he
10
City C(:unci]. Meeting -- June 24, 1991
didn't tie anything...the house on Parcel A to the paving of Lotus Trail which
is exactly what you said... What appears on the very last page of the packet
which is the motion, or the...proposed by the Planning Commission, not...
I don't know how that happened. We never even discussed...building of a home
on Parcel A but rather to the paving of Lotus Trail.
Councilman Workman: But then how can we, getting back to your point Roger, how
can we make them pave when.
Roger Knutson: You can do it earlier. You could say on the construction of
the home or the paving of the street, whichever first occurs. That way you have
some leverage.
Councilman Workman: But when they pave the street, how do we say to them okay
now you've got to pave the driveway?
Roger Knutson: You can say it and it's difficult.
Colzncilman Workman: Even if it's tied in to the paving of Lotus.
Roger Knutson: At least we've got them and they're trying tO get a building
permit. You don't lose anything by putting that in.
Councilman Mason: As long as the applicant is talking about paving anyway, why
don't you just put in it will get paved when the house is built.
Mayor Chmiel: I think that could be done. Any other discussions? Can I have a
motion?
Councilman Mason: I move approval of ~91-4, ~86-2 and $91-6. Lot combination
replat for the vacation of Willow Road with the conditions for the paving of the
driveway as stated.
Mayor Chmiel: As well as the other conditions so indicated.
Councilm,in Mason: Thank you.
Councilman Workman: So we're going to be vacating, we're golng to be
preliminary and final platting and lot variance?
Mayor Chmiel: Yes. Correct.
Councilman Workman: Second.
Mayor Chmiel: It's been moved and seconded. Any other discussion?
Resolution (t91-60: Councilman Hason moved, Councilman Workman seconded to
approve Subdivision Request 4)91-4, both preliminary and final plat and lot
combination with a 3,674 square foot lot area variance on Parcel B, ~91-6
Variance and ~86-2 Vacation of Willow Road subject to the following condit/ons:
1. The applicant shall reflect all of the typical drainage and utility
easements on Parcel A (Lots 1164-1169 and Lots 1178-1179) and on Parcel B
11
City £ounciJ. Heeting -- 5L~ne 24, 1.991
(l.o'l.¢.~ J .1.70--1J 77).
2. Park and [rail dedJ. uat~on fees will be required in lieu of land dedication.
Fees w.i. 1]. I)e t);zid when a building pe'r'mit is requested for Parcel ~.
3. The applicant shall supply grading and drainage and tree preservation plans
~long with the building p,';rmit for review and approval by the City Engineer,
4. h st'r'uctural engineer must design the foundation for the future home on
Parcel A (Lots 1164-1169 ~nd Lots i170--l179) due to the nature of this lot.
Soils information must be provided.
5. A common curb cut :si]all be utilized to serve Parcel. A and the home located
to the south that ls cur'rently served by a gravel driveway located in the
right-of--way. When ,~ home is built gl] I)arcel A, the common section of the
driveway sfmall be paved to a width determined by the City Engineer to
minimiz~.~ tree loss ~xm]d gradi~g and remaining sections serving Parcel A paved
to minimize erosion and maintain drainage. Driveway plans, incorporating
appropriate drainage provisions, sh~11 be prepared for approval by the City
flngineer.
6. Provide thr; following easements:
Standard drainage and uti!ltJ, es easements.
b. A 20 foot wide drainage and utility easement in 'the former Willow Road
right--of-way.
c. A common driveway easement in favor of Parcel A and adjoining lot to the
south over common section~ of the driveway.
h 15 foot temporary access easement over former right--of-way to serve 3
lots loc,',ted west of Pat-ce]. A. Easement may be vacated if lots af-e
acquired by the ~pplicant and COnlbined with Parcel A.
7. Prior to any digging, the applicant must identify and stake all utility
easements on the property.
All voted in favor and the motion carried.
AWARD OF BIDS: IMPROVEMENTS TO WEST 79TH STREET EAST OF TH 101, PROJECT 91-8.
Ch~.~rles Folch: You'll recall at the last meeting I recommended that we table
th.~s awarding of the blds pendlng two outstanding items. I have got information
from .lean Meuwissen theft we have received tile cash escrow for the security
amount and Z'm aware that the. easement are in the process of being taken care of
so at this time, in order to stay consLstent wilh the construction schedule o'f
the Valvo].lne Rapld 0il development, Z would recommend app'roval of the award of
bi(I to N.tdwest Asphalt Corporation for the West 79th StFeet ImpFovement Pf'oject
~f91.-8 for contract amount of $59,018.05.
Councilman Wot klllan: So moved.
12
City Council Meeting - June
Mayor Chmiel: Mo:ion's on the floor. Is there a second?
Councilman Mason: Second.
Resolution #91-Gl: Councilman Workman moved, Councilman Mason seconded to award
the bid to Midwest Asphalt Corporation for the West 79th Street Improvement
Project f91-8 in the amount of $59,018.05. All voted in favor and the motion
carried.
APPOINTHENT TO THE HOUSING AND REDEVELOPMENT AUTHORITY.
Mayor Chmiel: I, being the sole.
Councilman Workman: Mr. Mayor?
Mayor Chmiel: Yes Tom.
Councilman Workman: I would like to maybe exercise the option to advertise.
Mayor Chmiel: Very good. Okay. We will advertise in the paper.
Todd Gerhardt: In next week's edition.
Mayor Chmiel: And we'll get this back to Council July 8th. That's being
consistent with what we've done in the past and I'd just as soon do that. So at
this particular time we'll table this item until July 8th Council meeting and
advertise for that particular position.
COUNCIL PRESENTATIONS:
Mayor Chmiel: I just wanted to touch briefly one more time to the citizens,
that is our senior citizens, in regards to the request of participation of
volunteer servlces to the clty. That being in the types of typing that can be
done or with fillng or assisting staff in some precise way. In addition to
that, basically within our beach area that we have at Lake Ann and our other
parks, to have our citizens patrol those parks with a city vehicle as well as
having them in unlform to watch over our kids ulthin the clty. Last year as you
may know ue had a few funny people in this community which I don't like, doing
some exposlng to kids and I'm thinking that possibly by getting this
participation from the senior citizens, this uill defer a lot of those kinds of
funny problems within our city. So those of you who are out there who may watch
this, and I don't know who would but those of you who would, I would certainly
appreciate your participation to the clty. And please call in and ask for
either Don Ashworth or Todd Gerhardt and have your names on our list so we can
get this movlng rather qulckly. That's all I had for that. Ursula?
Councilwoman Oimler: Yes. I wanted to thank Paul Krauss, our City Planner and
also Roger Knutson, our attorney, for the check-up work they did on that
billboard ordinance and I just want to make absolutely sure that our ordinance
or what we have in place would stand up agalnst any court case. I know the rest
of the Council does share that concern so Roger, I read it in the administrative
packet that it does.
13
£.i, ty Co~lnc.(J. Meetin.q - Jttiie 2.4,
Roger Knutson: (.~ua'r-anteed only until after we've litigated it. I believe you
Ilauo ,l good ordinance and I believe it's enforceable.
Mayor Chm.i. el: iffy understanding is as I understand that Roger talked to someone
wilt> FeaJ. ly knew quiL~: a bJ.t about that. TI)at was Lady Bird Johnson.
C. our, ci].woman Oimle'r-; You did call her? Okay, I'm .just real pi. eased with what's
been done_
Mayor Chmiel; And your other i kern was?
Cot.tl~ci].woman Oimler: T. also asked at tile Counc£1 meeting several weeks ago to
9et tls a df'OP Off pOS. n't For DJs'trict ~112 Garage Sale that's to be held in the
faJ. l.. Was anything done on that Todd?
Todd Gerhardt: Yes. Z talked to Kay.
C. ounciluoman Oimlet': Kay Boyle?
Todd Gerhardt.- Kay Boyle and I had a nice talk with her. First location would
b~.; whal was tho cid Hooked on C.l. assics warehouse space behind the hardware
stor~.. They were waitin9 discussions with the School District's insurance
C:Olnpany to sec tl~at tl,e items would be covered under their insura;,ce. And a
seconcl ~ocation would be in the basement of City Hall over here. It was the
second ~ocation, just because of the door. They need wide doors. They have a
vaf'iety of wide objects, couches and stuff so that was their first seieotio~ and
t hJ. s being their second.
Cou;,¢;.i. iwomal~ Oim].er: Okay, and we're still check to see if those.
Todd Geri~afdt; Si]e said she'd get back to me if there was going to be a problem
wi. th Lhe 1nsLtrance [)ut from admJnistrato'rs down at the School District said, it
shouldn't
Councilwoman Oimler: Okay, great. Thank you.
May~r Chmiel.'. Okay, ;lny other business?
Councilman Workman: Mr. Mayor?
Mayor Chmie~: Yes Tom.
Councilman Wo'rkman~ If I could quickly, tomorrow at the Chamber of Commerce
monthly meeting, ~ would have been startled too if I saw that large rubber band.
Tomorrow at the Chamber' lunch, I'm just golng to briefly try and provoke the
downtown Chamber members to come to the meeting that we had scheduled for July
2nd here at Clty Hal].. I dldn't know if you... I sent that wlth Pat and she
set the moetil~g up for July 2nd I think at 6:30.
Councilwoman Oim].or: A.M.i'
Councilman ¢orkman:' Yes. 6:30 to 6~30. And so I didn't know if everybody knew
t h,t t.
14
City Count:il Meeting ~ June 24, 1991
Mayor Chmiel: Yes. I won't be here but I'm aware of it.
Councilman Workman: Downtown traffic study.
Hayor Chmlel: Trafflc slgnals. Okay, if any administrative presentations
wasn't indicated. Can I get a motion for adjournment.
Councilman Mason moved, Councilman Workman seconded to adjourn the meeting. All
voted in favor and the motion carried. The meeting was adjourned at 8:07 p.m..
Submitted by Oon Ashworth
City Manager
Prepared by Mann Ophelm