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1984 05 07 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING MAY 7,1984 Acting Mayor Geving called the meeting to order. with the Pledge to the Flag. The meeting was opened Members Present Councilman Horn, Councilwoman Watson, Councilwoman Swenson Mayor Hamilton came late Staff Present Don Ashworth, Bill Monk, Scott Martin Lori Sietsema, Park and Recreation Intern APPROVAL OF AGENDA: Councilwoman Watson moved to approve the agenda as presented-With the additions of 201 Program and Zamor Resolution. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson, and Councilman Horn. No nega- tive votes. Motion carried. CONSENT AGENDA: The following items were removed from the Consent Agenda: d. First Reading of Sewer and Water Ordinances. i. Approve Standard Form Development Contracts for Owner and Municipal Installation of Improvements. Councilwoman Swenson moved to approve the consent agenda pursuant to the City Manager's recommendations: a. Zoning Ordinance Amendment Request to Allow for Commercial Stables and Riding Academies in the R-1A District as Conditional Use, First Reading. b. Final Plat Review, Hillside Oaks. c. Municipal Improvements Policy, Consultants. e. Re-certification of Assessments for Tax Forfeiture Property, Public Hearing June 4, 1984. f. Approve Plans and Specifications for Lake Susan Park Landscaping Plan. g. Fireworks Display Permit, July 4th, William Naegele. h. Resolution Approving Issuance of Duplicate Bond Coupons. RESOLUTION #84-22. j. Final Plat Review, Chestn~t Ridge at Near Mountain, Lundgren Bros. Construction, Inc. ~~D).AtIO(, Sy-z."2.A- Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Geving, Councilwomen Watson and Swenson, and Councilman Horn. No negative votes. Motion carried. PUBLIC HEARING, LANDFILL SITES: Al Klingelhutz reminded Council members that a public meeting will be held May 17th at 7:30 p.m. on the Landfill Sites in Carver County. CARVER COUNTY DEPUTY ASSESSOR, SCOTT WINTERS: Don Ashworth introduced Scott Winters to the Council. He is assigned to Chanhassen. Mayor Hamilton came at this point in the meeting. Council Meeting May 7, 1984 -2- PARK AND RECREATION COMMISSION APPOINTMENT: Councilman Geving moved to appoi~Mike Rosenwald to the Park and Recreation Commission to fill the vacancy created by Jack Mauritz's resignation. Motion seconded by I Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Geving and Horn. No negative votes. Motion carried. MINUTES: Councilwoman Watson moved to approve the April 2, 1984, Council minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Geving and Horn. Councilwoman Swenson abstained. Motion carried. Amend the April 16, 1984, Council minutes by adding the following to page 9, under BEACH LOT CONDITIONAL USE PERMIT REQUEST, CANOE RACKS. Councilman Horn - It is a gross overuse of a beach lot situation with 25 feet of lakeshore. I hope we don't see anymore beach lots like this one. Councilwoman Watson moved to approve the April 16, 1984, Council minutes as amended. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Geving and Horn. Councilwoman Swenson abstained. Motion carried. Councilman Geving moved to note the January 26, 1984, HRA minutes. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. Councilman Horn moved to note the April 11, 1984, Planning Commission I minutes. Motion seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. YEAR X CDBG FUNDS, SUBURBAN SENIOR CITIZENS CENTER: JoAnn Kvern, Southshore Senior Center Coordinator and Mr. and Mrs. George Steller were present. RESOLUTION #84-23~ Councilwoman Swenson moved the adoption of a resolu- tion approving proposed program for Year X Urban Hennepin County Community Development Block Grant Funds and authorizing its submittal. Downtown Redevelopment Project: Land Acquisition $33,000 Program Administration 300 Southshore Community Center 5,000 The Coordinator will attend the next meeting at the Chanhassen Senior Citizens Center to present this proposal. Resolution seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. Ms. Kvern asked that someone from the Chanhassen Senior Citizens Center be appointed to represent that center on the Advisory Board of the Southshore Community Center. I I I I Council Meeting May 7, 1984 -3- SUBDIVISION VARIANCE REQUEST, 615 LAKOTA LANE, MAYNARD HAPPE: Mr. Happe was present seeking variances ~create three lots in the unsewered area of the City. The following variances are requested: 1. Lot shall have a depth not greater than two times its width. 2. Lot shall have a minimum frontage of at least 180 feet at the building setback line. 3. One side yard of not less than 100 feet. The Planning Commission recommended denial of the request. Councilman Horn moved to grant the variances for the subdivision at 615 Lakota Lane for Maynard Happe, Planning Case 84-1, including attachments 1-8 of the Council packet and the percolation tests. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Geving and Horn. Councilwoman Swenson voted no. Motion carried. ORDINARY HIGH WATER MARK SETBACK VARIANCE REQUEST, LOT 3, BLOCK 1, CHRISTMAS~ES: Councilman Geving moved to table action until Mr. Foster is present. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilman Geving. Councilman Horn voted no. Motion carried. IMPROVEMENT PETITION FROM OPUS CORPORATION FOR LAKE DRIVE EAST IMPROVEMENTS ADJACENT-ro-Prw-cENTER: --- ---- RESOLUTION #84-23~ Councilman Geving moved the adoption of a resolution directing staff to proceed with the preparation of a feasibility study for the installation of sewer, watermain, storm sewer and ponding, and streets. Resolution seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. BUILDING REQUEST, OUTLOT B, ANDY'S ACRES: Mr. Greg Ahlm was present requesting building permir-approval to construct a home on Outlot B, Andy's Acres. The Council, in approving the subdivision in 1979, acted to grant approval of the subdivision conditioned that no building permits will be considered for Outlots A and B prior to platting or subdivision of such lots. Mr. Ahlm is requesting to use approximately 375 feet of the unimproved Oriole Lane right-of-way south of West 64th Street as a temporary driveway and utility easement. Councilman Geving moved to deny the request for a building permit for Outlot B, Andy's Acres. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. SEWER AND WATER ASSESSMENT, LOTS 490-496, CARVER BEACH: Mr. and Mrs. Jerry Cziok were present requesting building permit approval to construct a home on Lots 490-496, Carver Beach. The City Engineer recommended denial of the request due to the City's inability to provide year round access until the street is upgraded and that the sewer and water assessment be abated. Mr. Cziok submitted a letter stating his arguments with this recommendation. The Council discussed the situation in terms of safe access, other lots in a similar position in this area and the applicant's ability to petition for street improvements. Council Meeting May 7, 1984 -4- A motion was made by Councilman Geving to deny the building permit for Lots 490-496, Carver Beach and abate all future assessment and refund all I payments. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilman Geving. Councilman Horn voted no. Motion carried. SEWER AND WATER DELINQUENCIES, AUTHORIZE CERTIFICATIONS: RESOLUTION #84-24: Mayor Hamilton moved the adoption of a resolution certifying the following delinquent sewer and water bills to the County Auditor for collection with real estate taxes in 1985: 1-300310 Tract B, RLS #59 $ 466.88 1-300312 Tract B, RLS #59 $1,025.33 1-400618 Lot 2, Block 1, Surise Ridge $1,101.34 Resolution seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. LAKE ANN BOAT ACCESS: Laurie McRostie, VanDoren, Hazard, Stallings, was present. -rota 1 estimated project costs are $90,000 with grant funding being approved by the state at 50%. Mayor Hamilton moved that the presented layout be approved for the boat access at Lake Ann Park. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. CAPITAL IMPROVEMENT BUDGET REVISION, MEADOW GREEN PARK, HALF-COURT I BASKETBALL FACILITY: A request has been received from the Chaparral Homeowners Association for the installation of a half-court basketball facility in Meadow Green Park. This request also includes an offer of up to $500 toward improvement of play facilities in the park. Residents of Chaparral that were in attendance stated their willingness to help with the project. RESOLUTION #84-24A: Mayor Hamilton moved the adoption of a resolution approving the installation of a half-court basketball facility in Meadow Green Park and accept the $500 donation toward that improvement. Resolution seconded by Councilmoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. LAKE DRIVE EAST FEASIBILITY STUDY AND BASIC FINANCIAL PLAN: RESOLUTION ~25: Mayor Hamilton-moved the adoption of a resolution approving the feasibility study and general financing plan. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. HIGHWAY 212 CITIZEN'S ADVISORY COMMITTEE: Mayor Hamilton moved to appoint John Neveaux, Al Klingelhutz, Tom Hamilton and Clark Horn to the Highway 212 Citizen's Advisory Committee. Motion seconded by Councilman I Geving. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. I I I Council Meeting May 7, 1984 -5- SEWER AND WATER ORDINANCES: Councilwoman Swenson moved to place on first reading-ordinance 5 - Sanitary Sewer, and Ordinance 6 - Water. Delete the word "air conditioning" from Section 4.01 of Ordinance 6. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilman Geving. Councilman Horn voted no. Motion carried. STANDARD FORM DEVELOPMENT CONTRACTS FOR OWNER AND MUNICIPAL INSTALLATION OF IMPROVEMENTS: Councilwoman Swenson-moved to-approve the standard development contracts. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. 201 PROGRAM: The City Engineer has reached an agreement with Mr. Walter Zimmerman to acquire a .4 acre permanent easement over a portion of Mr. Zimmerman's property for use as a community mound septic system at a cost of $2,500. Councilman Horn moved to approve a project expenditure of $2,500. Motion seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. DEPARTMENT OF ECONOMIC DEVELOPMENT, LARRY ZAMOR: RESOLUTION #84-26: Councilman Geving moved the adoption of a resolution recommending to the Executive Council of the Department of Economic Development that a loan be encouraged and approved. Resolution seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. Councilwoman Watson moved to adjourn. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. Don Ashworth City Manager