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1979 03 05 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING MARCH 5, 1979 Mayor Hobbs called the meeting to order at 7:30 p.m. with the following members present: Councilmen Pearson, Neveaux, and Geving. Councilman Matthews came at 8:05 p.m. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: Councilman Neveaux moved to approve the agenda as presented with the following additions: Hanus Conditional Use Permit and discussion of letters received since the last meeting. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. AWARD OF BIDS - WATER TOWER PAINTING: RESOLUTION #79-09: Councilman Pearson moved the adoption of a resolution to award the bid to Sandblasting and Painting Contractors of Slayton in the amount of $14,000 and revoke the contract with Brown Enterprises, Inc. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. MINUTES: Amend the motion under NATURAL GREEN, CONDITIONAL USE PERMIT in the February 20, 1979, Council minutes to read: Councilman Neveaux moved that the Council felt that the use was not in conformance with the zoning and the Council will allow Dave Luce until November 15, 1980, to remove it. The business should not intensify from what it was during the 1978 growing season. The applicant is required to obtain an interest bearing certificate of deposit in the amount of $1,500.00 to pay for possible legal costs in the case that removal of the operation is necessary. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Matthews. No negative votes. Motion carried. Amend the last sentence under FINANCIAL CONSULTANT - 1979 in the February 20, 1979, Council minutes to read: The Council felt that would continue with Juran and Moody until such time as their services to the City as a fiscal consultant could conflict with their services as a bond underwriter. Councilman Pearson moved to approve the February 20, as amended. Motion seconded by Councilman Neveaux. in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, negative votes. Motion carried. 1979, Council minutes The following voted and Geving. No Councilman Neveaux moved to approve the February 22, 1979, Council minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. Councilman Pearson moved to note the February 14, minutes. Motion seconded by Councilman Neveaux. favor: Mayor Hobbs, Councilmen Pearson, Neveaux, votes. Motion carried. 1979, Planning Commission The following voted in and Geving. No negative Councilman Geving moved to note the February 21, 1979, Park and Recreation Commission minutes. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. council Meeting March 5, 1979 -2- 1979 BUDGET ADJUSTMENT REQUEST - FIRE DEPARTMENT: The Fire department requested permission to use the monies from the sale of the fire truck to purchase paging equipment. councilman Pearson moved that the proceeds from the sale of the fire truck to Mission Township in the amount of $325.00 be used to purchase one additional pager. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. I CONSTRUCTION OF HIGHWAY 212: RESOLUTION #79-10: Councilman Neveaux moved the adoption of a resolution supporting construction of Highway 212. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. HANUS CONDITIONAL USE PERMIT: Staff was instructed to place this item on a future agenda for their review. Councilman Matthews came at 8:05 p.m. CAMPFIRE GIRLS OF MINNESOTA: RESOLUTION #79-11: Councilman Neveaux moved the adoption of a resolution designating the week of March 11-17 as Campfire Birthday Week and call on organizations to recognize the meaningful contributions of this youth organization. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, I Matthews, and Geving. No negative votes. Motion carried. HAPPY CHEF AND ERICKSON PETROLEUM SITE PLAN REVIEW: Several representatives of both businesses were present. Happy Chef and Holiday Erickson are proposing to construct two businesses on Lot 1, Block 2, Frontier Industrial Park. Subdivision of the lot, a conditional use permit, and a variance to Ordinance 47-K are requested. Councilman Pearson moved to approve the subdiv~sion of Lot 1, Block 2, Frontier Industrial Park as proposed by Happy Chef and Erickson Petroleum. Motion seconded by Councilman Neveaux. The following votes were cast: Councilman Matthews - No. I vote no because based on what was presented by the HRA and as a soft entrance to Chanhassen I feel that two buildings on this one parcel is not within the spirit in which the HRA proposal was given and accepted. It's too much on too little. Councilman Neveaux - Yes. I think that these objections can be overcome with appropriate reworking. I am not satisfied with that particular proposal but that's not the issue at this point in time. I believe that subdivision is a reasonable solution to a very touchy problem. Councilman Geving - No. This is the entrance to the City of Chanhassen. It violates one of the very basic platting I arrangements, a zoning lot with two parcels. My vote is in conformance with the split in the Planning commission where they voted 3 to 3. I feel that there was a historical intent on the original plat of this land of one business on this piece of property and that from a personal standpoint, I do not know at this time what that I I IJ Council Meeting March 5, 1979 -3- property is going to look like in several years to come as we further develop that commercial area. I feel very uncomfortable with the proposal with the amount of asphalt, building space and the lack of green space which I have always been very much in favor of. Until I see a different plat and different design of that area as more area to work with, I will continue to vote no on this proposal. Councilman Pearson - Yes. I feel that-these various lots that are in the Frontier Development Park should and very likely will be and I feel probably should be modified. I do not think that this design and proposal of 1969 was necessarily etched in stone. I think a lot of improvements on that particular development can be made to the benefit of the community as a whole and therefore, I feel that we could divide it if we wanted to. Mayor Hobbs - No. Basically I am in agreement with Councilman Geving and Councilman Matthews. I think that while lot lines can be changed, I think that the intent here is to change this particular lot line dramatically from what was envisioned ten years back. I feel it's an intensification of the use on the property and while we heard several statements tonight about buildings such as these going in on smaller sites at different locations, I think all of that is tempered by where the site iscas I am sure everyone in the audience has heard tonight, we have referred time and again to this particular parcel being the gateway to our city, the development here is very near and dear to us it's somewhat different in commercial area where you might have a vacant lot, everything else is developed and you put something in. I don't feel uncomfortable with looking at changing these historic lot lines but I think to take them and carve them up in this way is contrary to the way I see development in that part of town. Motion failed. PARK AND RECREATION FIVE YEAR CAPITAL IMPROVEMENT PROGRAM: Fran Callahan, Community Services Director, Joe Betz, Pat Boyle, and Phyllis Pope, Park and Recreation Commission were present. Councilman Geving movèd to table action until such time as the Park and Recreation Commission has additionally reviewed it. Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. MUNICIPAL WATER SYSTEM STUDY: Ray Jackson, Schoell and Madson, was present. Staff was directed to further define specific problem areas and to establish or determine a means by which the magnitude of the problem could be established, i.e. questionnaire to water customer~ and report back to the Council by April 2. PETITION - PLEASANT VIEW ROAD: Dr. James Meyer presented a petitio~ signed by residents along Pleasant View Road¿requesting that zoning in the area be changed to reflect larger size lots. council Meeting March 5, 1979 -4- FEASIBILITY STUDY, WATER EXTENSION - LAKE LUCY ROAD: Richard Ersbo has petitioned the city to extend city water from Powers Blvd. to his property. I RESOLUTION #79-12: Councilman Neveaux moved the adoption of a resolutio authorizing the City Engineer to prepare a feasibility study from Powers Blvd. to Galpin Blvd. including the connection to the existing well booster station. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. CONCEPT DEVELOPMENT PLAN, CHAPARRAL OUTLOTS BAND C, NEW HORIZON HOMES: New Horizon Homes is proposing to construct 160 townhome units, 102 duplex units and 74 single family homes in Out1ots Band C of the Chaparral Addition. Bob Burger and John Schardlow were present. This request would require rezoning from R-1A to P-l. The Planning Commission recommended the Council approve the preliminary development plan, subdivision plan, rezoning from R-1A to P-l and all street widths be 28 feet except that portion of multiples be 32 feet. Councilman Neveaux moved to approve the preliminary development plan, preliminary subdivision, and rezoning from R-1A to P-1 for Chaparral Out lots Band C as presented. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. The Council noted that the Planning Commission should pay very close attention to the drainage in the area. I 1979 DISEASED TREE PROGRAM: Doug Mitchell, Tree Inspector, was present- to discuss the proposed tree program. The Council changed item d under Budgetary Considerations in the City Manager's report of March 5 as foloows: Diseased Tree Within the Right-of-Way - The City will remove a diseased tree that is within the right-of-way. The City Manager recommended that the Tree Inspector's salary be adjusted from $11,500 to $12,500 per year. Councilman Neveaux moved to approve the City Manager's proposed 1979 Diseased Tree Program with the amendment as stated above. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. CONSENT AGENDA: Mayor Hobbs asked if any council member wished to discuss any items on the consent agenda. Councilman Matthews asked that item d. 1979 Liquor License Fees be discussed separately. As no additional comments were received, Councilman Geving moved to approve the following items pursuant to the City Manager's recommendations: a. 1979 Passenger Waiting Shelters, Cooperative Agreement, MTC. b. Bowen Easement Settlement, North Area Sewer Improvement Project. c. Metro Council Planning Grant, 1978-1979 - Resolution #79-13. I Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. 1979 LIQUOR LICENSE FEES: Council members discussed a possible rate increase to reflect the same percentage increase on the police contract Council Meeting March 5, 1979 -5- I "1 or an increase for clean up within the downtown area. Councilman Pearson moved to table action to the March 19th meeting. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. Councilman Matthews moved to adjourn. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Matthews, Neveaux, and Geving. No negative votes. Motion carried. Meeting adjourned at 12:15 a.m. Don Ashworth City Manager I I