Loading...
1980 04 07 I I I REGULAR CITY COUNCIL MEETING - APRIL 7, 1980 -1- Acting Mayor Neveaux called the meeting to order at 7:30 p.m. with the following members present: Acting Mayor Neveaux, Councilmen Pearson, Geving and Swenson. Mayor Hobbs was absent. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: A motion was made by Councilman Swenson and seconded by Councilman Pearson to approve the agenda as presented. Motion approved. Ayes - All. MINUTES: A motion was made by Councilman Geving and seconded by Councilman Swenson to approve the March 17, 1980, City Council minutes. The following voted in favor: Acting Mayor Neveaux, Councilmen Geving and Swenson. Councilman Pearson abstained. Motion carried. A motion was made by Councilman Pearson and seconded by Councilman Geving to amend and approve the March 31, 1980, City Council minutes adding the following to the end of the first paragraph: "The City Council announced at the March 24, 1980, Council meeting that a final decision on assessment review requests would be made on April 14, 1980. However, due to the length of the agenda on April 14th, this decision will be tabled until April 28, 1980. Residents who appeared at the March 24th meeting will be notified in writing of this change." Motion approved. Ayes - All. A motion was made by Councilman Pearson and seconded by Councilman Geving to note the March 20, 1980, Housing and Redevelopment Authority minutes. Motion approved. Ayes - All. A motion was made by Councilman Geving and seconded by Councilman Pearson to note the February 27, 1980, Planning Commission minutes. Motion approved. Ayes - All. A motion was made by Councilman Geving and seconded by Councilman Pearson to note the March 5, 1980, Planning Commission minutes. Motion approved. Ayes - All. A motion was made by Councilman Geving and seconded by Councilman Pearson to note the March 12, 1980, Planning Commission minutes. Motion approved. Ayes - All. INFILTRATION/INFLOW ANALYSIS FOR SEWER SYSTEM, SELECT CONSULTING ENGINEER: The City previously submitted a grant application to study infiltration into the sanitary sewer system. Preliminary work completed by the City and Metropolitan Waste Control Commission reflects that Chanhassen does have a higher than average inflow into this system - thus resulting in higher sewer charges to customers to pay for treating clean water as a part of cleaning effluent from the sewer system. Potential areas of inflow include rain gutters and drain systems connected to the sewer system; broken pipes, etc. - the location and type of which being the purpose for carrying out such a study. It appears that Chanhassen will receive grant monies to complete the project. Federal/Metropolitan reimbursements will be 90% and the City's contribution will be 10%. Given,the specialty e~gineering characteristics of this project, the Clty Manager had lnterviewed various firms to complete this project. CITY COUNCIL MINUTES - April 7, 1980 -2- The following firms were presented to the City Council for final con- sideration - Donahue and Associates and Schoell and Madson. The City Manager recommended selection of Schoell and Madson given their experience with the City and, during the interview process, their demonstration I of ability to meet specialty engineering/federal/metropolitan council guidelines. Dave Laskota of Donahue and Associates, gave a presentation of their firm's ability to complete the study. Jim Orr of Schoell and Madson gave a brief description of their experience in this type of work and ability to meet federal guidelines. A motion was made by Councilman Pearson and seconded by Councilman Swenson to select Schoell and Madson to complete the Infiltration/Inflow Analysis for the City of Chanhassen. Motion approved. Ayes - All. Council members requested the City Manager to forward a letter to Donahue and Associates thanking them for their presentation before the City Council and expressing the City Council's appreciation for the time and efforts spent by their firm. VISITOR PRESENTATIONS: Mike Schachterle was present to discuss his concern as a recent property owner within the Kellynne Addition. Specifically, he had obtained a copy of the development contract for the proposed subdivision and expressed concerns as to: 1). Stipulation Number 4, Schedule of Work - The development contract requires that a schedule of work be filed. I None appears to be on file and Mr. Schachterle believes that such should be by the developer and that the City should enforce such schedule. 2). Stipulation Number 11, Erosion Control - This is a problem in the development and must be corrected. Jim Orr noted that Council members had reviewed this project in late Fall of 1979, and that a letter had been sent to Mr. Schachterle stating that the erosion control was not in accordance with the plat nor had Plans been submitted or approved for erosion control. It is a requirement of the development contract that the developer forward plans to the engineer's office for erosion control. Such have not been received; however, the engineer has discussed the problem several times with the developer. Escrow monies plus a letter of credit are on file to insure that the developer submits plans and additionally completes work pursuant to such. The City Council requested that a written response, stating the above points, be prepared by the engineer and submitted to the City Council for consideration on April 21, 1980. EXPAND BUILDING MORATORIUM AREA AND TIME EXTENSION: The Planning Commission duly held a public hearing on extending the building moratorium area I and recommended approval of such. Following discussion, the City Council considered first reading of an ordinance, pursuant to the recommendation of the Housing and Redevelopment Authority, which would extend the building moratorium area to include the properties along east Highway 5 as well as extending the time period of the moratorium for an additional 180 days. I I I CITY COUNCIL MINUTES - April 7, 1980 -3- Final consideration of this ordinance will be considered by the City Council on April 14, 1980. The moratorium does not stop building activity, but allows the City the ability to review building plans in conjunction with redevelopment efforts. A motion was made by Councilman Pearson and seconded by Councilman Geving to approve first reading of Ordinance 47K-6 amending it to include the time extension of 180 days. Motion approved. Ayes - All. REZONING AND SUBDIVISION REQUEST, RICE LAKE MANOR, HANSEN, KLINGELHUTZ, AND McMULLEN PROPERTIES: Tom Klingelhutz, Jerry Hendrickson and Max McMullen were present to discuss their proposal. Councilman Geving expressed concern over whether West 86th Street could be extended southerly to potentially intersect with new Highway 212. The Planner noted that the Planning Commission had discussed potential roads in this area and believed that an intersecting road somewhere between this addition and Highway 101 could be constructed on a north/south basis and potentially connect to new Highway 212. Additionally, the plan as presented could allow for the extension of W. 86th Street to accomplish the goals noted by Councilman Geving. Councilman Swenson expressed concern over the community well potentially to be located in a private home. The concept of "private" water system appeared to have significant advantages from a city perspective (potentially avoiding future connection problems with owners installing new or rejuvenated wells. Jim Orr noted that this is a "private" well system and, as such, the City would not have responsibility or liability. Their office would not be requiring that such a system be installed, but would highly recommend such. Final decision would not be required at this time, but could be finally acted upon by the City Council when plans and specifications were completed for streets and utilities. The City Attorney noted concern over the individual lots into the conservation area. The developer noted his agreement with the staff position that such should be a conservation area and, whether such were in the form of a outlot, or as individual lots would not hinder their development. Staff noted that a final plat should be prepared in this form with the restrictions placed in the development contract and covenants -- all of which to be submitted to the City Council prior to final plat filing. Acting Mayor Neveaux noted concern over the dust control. Jim Orr clarified the staff recommendation to state that the intent of the condition recommended by staff was to require the developer to bring the entire length of West 86th Street up to minimum gravel standards. Further, that the development contract and covenants would require that, based on any complaints received, that the property owners within the proposed development would be required to carry out dust control measures and be willing to be assessed for such should they fail to adequately complete dust control measures themselves. It cannot be recommended that the entire length of West 86th Street, crossing properties not owned by these developers, be brought to full city standards and assessed to these owners. At some future date, development would occur on either side of the road and the developers of that property would then be required to pay the costs bringing such to city standards. Until that time, this road can function under minimal standards as no accesses are derived from such nor would be there be on-street parking through -this section. CITY COUNCIL MINUTES - April 7, 1980 -4- REZONING AND SUBDIVISION REQUEST, RICE LAKE MANOR, HANSEN, KLINGELHUTZ, AND McMULLEN PROPERTIES, CONTINUED: A motion was made by Councilman Pearson and seconded by Councilman Swenson to approve the 8 residential lot subdivision located off West 86th Street with the conditions set I forth in the Land Use Coordinator's report of April 1, 1980, and as clarified in the above noted minutes. Motion approved. Ayes - All. REZONING, SUBDIVISION AND PRELIMINARY DEVELOPMENT PLAN REVIEW, SUNRISE BEACH, DERRICK LAND COMPANY: Roger Derrick and John Shardlow were present representing Derrick Land Company. The proposal is a 52 residential lot subdivision lying south of Pleasant View Road and west of Lotus Lake. This subdivision has been delayed during the course of the past year to insure that the City reasonably considered all alternatives for potential street patterns getting to and being extended from the proposed subdivision. A motion was made by Councilman Geving and seconded by Councilman Swenson that the subdivision and preliminary development plan of Derrick Land Company be approved contingent upon the following: 1. That there be a conservation easement along the entire lake shore; and 2. That there be a trail along the east line of the plat from Pleasant View Road to the conservation easement area. The following voted in favor: Councilmen Geving and Swenson. The following voted against: Acting Mayor Neveaux and Councilman Pearson. Motion failed. I A motion was made by Councilman Pearson and seconded by Councilman Swenson to rezone the subject premises to P-l and to approve the 52 lot preliminary development plan as depicted on the Westwood Planning preliminary plat dated April 1, 1980, subject to the following conditions: 1. That the applicant receive approval of their grading plan, drainage plan and erosion control plan from the Soil Conservation Service, the Minnesota Department of Natural Resources and the Riley Purgatory Creek Watershed District; That said approvals be received prior to the matter being resubmitted to the Ciby Council for preliminary plat approval; That the pedestrian and conservation easement portion of the proposed development must be shown by the applicant to have such soil conditions as would allow for the development of such facilities, and that the applicant's soil condition evidence is to be reviewed by the City Engineer. That the applicant prepare cul-de-sac plans for the roadway portion in the vicinity of lot 20, block 3 and lot 24, block 1. Said plans are to be reviewed and approved by the city eng inee r. Paved street surfaces are to be 36 feet wide and paved cul-de-sacs are to be 32 feet in diameter. That the Park and Recreation Commission review alternative I trail locations between pleasant View Road and the con- servation easement and is to submit a recommendation to the City Council. 2. 3 . 4 . 5. 6 . Motion approved. Ayes - All. CITY COUNCIL MINUTES - April 7, 1980 -5- I BURDICK OFFICE BUILDING, APPROVAL BUILDING MORATORIUM VARIANCE AND SITE PLAN: Jim Burdick was present to discuss this item. Mr. Burdick is proposing to construct an 8,000 square foot office building at the southeast cOrner of Monterey Drive and West 78th Street. Since the proposed building lies within the tax increment district and the building moratorium area, the Housing and Redevelopment Authority and Planning Commission have reviewed this proposal and find that the building is in accordance with overall redevelopment activities. Additionally, the Planning Commission recommended approval of the specific site plan. A motion was made by Councilman Pearson and seconded by Councilman Geving to approve the site plan and variance to the building moratorium ordinance for the Burdick Office Building Proposal, subject to the Planning Reports of April 4 and February 26, 1980, with the change to eliminate 2 compact car stalls instead of 5; and as per the site plan dated February 11, 1980. Motion approved. Ayes - All. REVIEW COMMUNITY FACILITY BUILDING PLANS - CITY HALL/LIBRARY AND PUBLIC WORKS FACILITY: A motion was made by Councilman Geving and seconded by Councilman Swenson that due to the lateness of the hour that this item be tabled to a special City Council meeting on April 12, 1980, 8:30 a.m. at the American Legion Club to review the proposed building plans. Motion approved. Ayes - All. 1980 DISEASED TREE PROGRAM: The City Council generally discussed options ranging from little or no diseased removal to little or no reforestation. The primary problem is that State funding is totally inadequate to insure that an effective control program can be established. I A motion was made by Councilman Pearson ~nd seconded by Councilman Geving to table this item to the April 14, 1980, City Council meeting. Motion approved. Ayes - All. CHRISTMAS ACRES PLAT, APPROVE DEVELOPMENT CONTRACT: A motion was made by Councilman Pearson and seconded by Councilman Geving to approve the final plat, development contract and covenants amending the development contract to delete the necessity of a letter of credit and substitute such with a performance bond. Motion approved. Ayes - All. The remaining items of this agenda were tabled to April 14, 1980. A motion was made by Councilman Pearson and seconded by Councilman Swenson that the meeting be adjourned. Motion approved. Ayes - All. Meeting Adjourned at 12:30 a.m. Don Ashworth, City Manager I