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1985 04 01 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING April 1, 19B5 Mayor Hamilton called the meeting to order. The meeting was opened with the Pledge to the Flag. Members Present Councilman Horn, Councilwoman Watson Councilman Geving, and Councilwoman Swenson Members Absent None Staff Present Don Ashworth, Barbara Dacy, and Bill Monk APPROVAL Q[ AGENDA: Councilwoman Swenson moved to approve the agenda as presented. 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. CONSENT AGENDA: Councilwoman Watson moved to approve the following consent agenda items pursuant to the City Manager's recommendation: a. Final Plat Approval, Piper Ridge Subdivision, Randy Herman. c. Final Plat Approval, Chestnut Ridge at Near Mountain 5th Addition. d. A Resolution Establishing a Moratorium on Gambling Activities. Final Reading. RESOLUTION OB5-ll e. A Resolution Approving the Railroad Agreement for TH 101 Drainage Improvement. RESOLUTION OB5-llA Motion was seconded by Councilman Horn. The following voted in favor: Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. votes. Motion carried. Mayor No negative PUBLIC HEARING METES AND BOUNDS SUBDIVISION OF A PLATTED LOT INTO TWO PARCELS, 1779 KOEHNEN CIRCLE, BRUCE KOEHNEN Mayor Hamilton called the hearing to order with the following interested persons present: Bruce Koehnen, 1779 Koehnen Circle Sue Koehnen, 1779 Koehnen Circle There being no public comments, Councilman Geving moved to close the public hearing. Motion was seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. METES AND BOUNDS SUBDIVISION QL ~ PLATTED LOT INTO TWO PARCELS, 1779 KOEHNEN CIRCLE, BRUCE KOEHNEN: Barb Dacy, City Planner, presented the metes and bounds subdivision of Lot B, Harvir Hill, as proposed by Bruce Koehnen. The lot is being split in two by extension of a parallel line and both newly created lots meet all minimum lot ordinence require- ments. Council Meeting, April 1, 1985 -2- Councilman Horn questioned the metes and bounds method of the subdivision. It was I explained that this proposal was consistant with the recently approved subdivision ordinance. Councilwoman Swenson questioned whether additional conditions should be placed on the approval alerting buyers of the potential for water problems. Although the staff agreed with these concerns, questions arose about the city's juris- diction in this area as well as a legal mechanism to enforce such a condition. Councilman Geving moved to approve the Metes and Bounds Subdivision request #85-2 with the following conditions: 1. The main living floor of the structure placed on Parcel A should be at least two feet above the elevation of the ditch on the south side of the lot. 2. The lot should be graded in such a way to insure positive release of all surface water to the ditch or street. 3. Trunk unit charges be collected at issuance of building permit. Motion was seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. PUBLIC HEARING APPROVE EASEMENT VACATION LOT 1, BLOCK 1, ORCHARD HILLS I Mayor Hamilton called the public hearing to order. There being no public present, Councilwoman Swenson moved to close the public hearing. Motion was seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. APPROVE EASEMENT VACATION ON LOT lL BLOCK lL ORCHARD HILLS: Bill Monk, City Engineer, stated that as Orchard Hills was platted, a larger than necessary drainage and utility easement was retained across Lot 1, Block 1. Because improvements have now been designed, the easement could now be reduced to more readily allow house construction on Lot 1. Vacation of a portion of the platted easement is therefore being recommended. RESOLUTION 85-12: Councilwoman Swenson moved the adoption of a resolution to approve the vacation of a portion of the drainage and utility easement as platted across Lot 1, Block 1, and is described in the Exhibit. Motion was seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. PUBLIC HEARING COMMUNITY DEVELOPMENT BLOCK GRANT MONIES: A. YEAR IX REALLOCATION I Mayor Hamilton called the hearing to order and there being no public comments Councilman Geving moved to close the public hearing. Motion was seconded by I I I Council Meeting, April 1, 1985 -3- Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. COMMUNITY DEVELOPMENT BLOCK GRANT MONIES: -- A: Year IX Reallocation: -- Barb Dacy, City Planner, reviewed the proposed year IX Reallocation of Community Development Block Grant Monies. RESOLUTION #85-13. Mayor Hamilton moved the adoption of a resolution to accept Year IX Reallocation of Community Development Block Grant Monies toward land acquisition in the amount of $56,215.00. Motion was seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. PUBLIC HEARING COMMUNITY DEVELOPMENT BLOCK GRANT MONIES B. YEAR XI ALLOCATION Mayor Hamilton called the hearing to order with the following interested persons present: Mr. & Mrs. Loebl, 7197 Frontier Trail, Chanhassen Mae & Jack Ernst, 6735 Nez Perce Drive, Chanhassen JoAnn Kvern, South Shore Senior Center Coordinator Emma St. John, 1621 W. 63rd Street, Excelsior Earl St. John, 1621 W. 63rd Street, Excelsior Mayor Hamilton asked if there was any public comment on this item. Members of the South Shore Senior Center stated their reasons for the $1,445 request for the Senior Center improvements. There being no more public comment, Councilman Geving moved to close the public hearing. Motion was seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. Barb Dacy, City Planner, reviewed the proposed year XI Allocation of Community Development Block Grant Monies. RESOLUTION #B5-14. Mayor Hamilton moved the adoption of a resolution to accept Year XI Allocation of Community Development Block Grant Monies for the following purposes: 1. Land Acquisition. . . . . South Shore Senior Center . Administration. . . . . . $36,755 $ 1,445 $ 332 2. 3. Motion was seconded by Councilman Horn. The following voted in favor: Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. votes. Motion carried. Mayor No negative CITY COUNCIL MINUTES DATED MARCH 11, 1985: The Council reviewed the March 11, 1985 Council meeting minutes. Action was tabled on this item pending revisions noted by the Council. The minutes will be resubmitted at the next Council meeting. Council Meeting, April 1, 1985 -4- COMMISSION MINUTES: Councilwoman Watson moved to note the Planning Commission Minutes dated March 13, 1985. Motion was seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. I SIDE YARD SETBACK VARIANCE, 6697 HORSESHOE CURVE, KEITH OBERMEYER: This item was passed unanimously at an earlier meeting of the Board of Adjustments and Appeals. No Council action was therefore required. SKETCH PLAN REVIEW FOR COMMERCIAL DEVELOPMENT ~ PROPERTY ZONED ~ SINGLE FAMILY RESIDENTIAL, LOTS ttL LL AND PART Qf lL BARDWELL ACRES, TOMAC DEVELOPMENT: Listed below are a few of the interested persons that were present: Pete Throdahl Gene Connor Jim Majors Gary Reed Dick Brown Barb Dacy, City Planner, presented the sketch plan as proposed by Tomac Development Company for commerical development of property at the southwest intersection of T.H. 7 and T.H. 41. There were numerous comments by the developer and residents of the neighborhood con- I cerning the proximity of commercial uses adjacent to the existing residential prop- erty, inconsistancies of the plan with the Comprehensive Plan, and traffic circulation through the site, especially the access points on both highways. Councilwoman Watson and Councilman Geving stated that medium to high density housing would be more appreciated adjacent to the single family residences with low intensity commercial uses at the intersection. Councilman Horn recommended a right turn only from the proposed access onto HWY 7. Councilwoman Swenson was concerned, also, about the left turn movement from this access point as well. The Council concurred that the traffic issue needed to be addressed in further detail and that the developer should meet with the neighborhood to define and address their concerns. REVIEW PETITION FROM PIPER RIDGE DEVELOPMENT FOR MUNICIPAL INSTALLATION OF --- - IMPROVEMENTS: Councilman Geving stated his opposition to the developers request because he does not feel that the city should be in the banking business especially where a proposed development is so strongly opposed by area residents. Councilwoman Watson concurred with this position. Councilwoman Swenson agreed somewhat with this position, however, because she could not recollect an instance where a petition for public improvements had been denied, she thought that consistancy was an overriding consideration. I I I I Council Meeting, April 1, 1985 -5- Mayor Hamilton and Councilman Horn stated no objection to the developers desire to use public financing under provisions of state law to install improvements. RESOLUTION #85-15. Mayor Hamilton moved the adoption of a resolution accepting the petition and authorizing preparation of a feasability study. Motion was seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Swenson, and Councilmen Horn. Councilwoman Watson and Councilman Geving opposed. Motion carried. SET DATE FOR FIELD REVIEW Qf TRI PROPERTIES DRIVING RANGE ~ ~ 117 AND HIGHWAY 5: Due to weather problems, this item will be carried over to the next agenda. TREE HOLE MOSQUITO: A. PROCLAMATION ~ NUISANCE ORDINANCE NO. ~ AMENDMENT, FIRST READING: Councilwoman Swenson repeated the importance of the Proclamation and Ordinance approv- al to combat the mosquito problem. Notification of the public using the Proclamation and other hand-outs, along with involvement of the Public Safety Department were also viewed as important. Councilwoman Swenson moved to approve the Proclamation and Nuisance Ordinance No. 22, First Reading. Motion was seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. PURCHASE MODIFICATION, CPT: Councilwoman Swenson moved to approve the purchase modifications of CPT Equipment as recommended by the City Manager. The total purchase costs of the equipment is expected to be $4,580.00. Motion was seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. REAPPOINTMENT OF SHAKOPEE MAYOR, ELDON REINKE, lQ THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES BOARD: Councilman Horn moved to approve the reappointment of Shakopee Mayor, Eldon Reinke, to the Association of Metropolitan Municipalities Board. Motion was seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. REVIEW STATUS Qf LAKE ANN/LAKE VIRGINIA FORCEMAIN: City Manager and City Engineer reviewed potential Metropolitan Council procedure changes and negotiations that have recently taken place regarding the interceptor versus forcemain issue. Although no formal resolution of this issue has been established, staff believes that the Metropolitan Council is now seriously con- sidering interceptor installation. As formal positions are prepared, they will be brought to the Council on future agendas. Council Meeting, April 1, 1985 -6- Councilman Geving moved to adjourn the meeting. Motion was seconded by Councilman I Horn. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. Don Ashworth City Manager I I