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1979 03 19 I I I REGULÀR CHÀNHASSEN CITY COUNCIL MEETING MARCH 19, 1979 Councilman Pearson called the meeting to order at 7:30 p.m. with the following members present: Councilmen Geving and Matthews. Mayor Hobbs and Councilman Neveaux were absent. The meeting was opened with the Pledge to the Flag. Councilman Matthews moved to appoint Councilman Pearson as Temporary Acting Mayor in the absense of the mayor and acting mayor. Motion seconded by Councilman Geving. The following voted in favor: Councilmen Pearson, Geving, and Matthews. No negative votes. Motion carried. APPROVAL OF AGENDA: Councilman Geving moved to approve the agenda as presented. Motion seconded by Councilman Matthews. The following voted in favor: Acting Mayor Pearson, Councilmen Matthews and Geving. No negative votes. Motion carried. AWARD OF BIDS - 1979 TREE PROPOSALS: Doug Mitchell, City Forester, was present. Bids for trees were received. These trees would be used to replace diseased and damaged trees on public property as well as sold to residents who have had diseased trees removed from their property. Staff recommended the bids be rejected and that staff negotiate prices. Councilman Geving moved to reject all 1979 tree bids. Motion seconded by Councilman Matthews. The following voted in favor: Acting Mayor Pearson, Councilmen Matthews and Geving. No negative votes. Motion carried. councilman Geving moved to authorize Staff to proceed with the 1979 tree reforestation program not to exceed $4,700. Motion seconded by Councilman Matthews. The following voted in favor: Acting Mayor Pearson, Councilmen Matthews and Geving. No negative votes. Motion carried. MINUTES: Councilman Geving moved to approve the March 5, 1979, Council minutes. Motion seconded by Councilman Matthews. The following voted in favor: Acting Mayor Pearson, Councilmen Matthews and Geving. No negative votes. Motion carried. Councilman Geving moved to note the February 28, 1979, Planning Commission minutes. Motion seconded by Councilman Matthews. The following voted in favor: Acting Mayor Pearson, Councilmen Geving and Matthews. No negative votes. Motion carried. Councilman Matthews moved to note the March 13, 1979, Park and Recreation Commission minutes. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Pearson, Councilmen Geving and Matthews. No negative votes. Motion carried. PARK AND RECREATION COMMISSION FIVE YEAR CAPITAL IMPROVEMENT BUDGET: Fran Callahan, Community Services Director, Joe Betz, Phyllis Pope, and Pat Boyle, Park and Recreation Commission, were present. Councilman Matthews moved to approve the Five Year Capital Budget in concept and the 1978/1979 budget expenditures as proposed. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Pearson, Councilmen Matthews and Geving. No negative votes. Motion carried. Council Meeting March 19, 1979 -2- 1979 LIQUOR LICENSE FEES: Harry Pauly, Lou and Tom Krueger were present. Councilman Geving moved to put on first reading an ordinance I amendment changing the liquor license fee schedule by increasing such fee schedule for on-sale intoxicating by 10% over that shown in Ordinance 2-E. Motion seconded by Acting Mayor Pearson. The following voted in favor: Acting Mayor Pearson, Councilmen Geving and Matthews. No negative votes. Motion carried. Sweeping of the parking lots will be discussed at a future meeting. ROOS PROFESSIONAL BUILDING: Roman Roos was present. RESOLUTION #79-14: Councilman Matthews moved the adoption of a resolution authorizing the Manager to take all steps necessary to exercise the January 5, 1979, option agreement with Bloomberg companies to buy the so called Roos Office Building Site. Resolution seconded by Councilman Geving. The following voted in favor: Acting Mayor Pearson, Councilmen Geving and Matthews. No negative votes. Motion carried. RESOLUTION #79-15: Councilman Matthews moved the adoption of a resolution approving the earnest money contract between Rome Properties and the HRA and authorize the HRA to enter into that earnest money contract contingent upon (a) the successful negotiation of a $30,000 swing loan, contingent upon (b) Mr. Roos filing the proper performance bond guaranteeing not only the construction items but also repayment of the $30,000 discount and also contingent upon (c) Rome Properties executing the development contract. Resolution seconded by I Councilman Geving. The following voted in favor: Acting Mayor Pearson, Councilmen Matthews and Geving. No negative votes~ Motion carried. RESOLUTION #79-16: Councilman Matthews moved to authorize the HRA to negotiate with a commercial lender, a swing loan not to exceed $30,000 to be amortized over a period of not to exceed threè years carrying a per anum interest rate of not to exceed 9%. Resolution seconded by Acting Mayor Pearson. The following voted in favor: Acting Mayor Pearson, Councilmen Matthews and Geving. No negative votes. Motion carried. BILLS: Councilman Matthews moved to approve the bills as presented deleting check #7280 in the amount of $1,598.02. Motion seconded by Councilman Geving. No negative votes. Motion carried. LOT AREA VARIANCE AND REAR YARD VARIANCE - PAUL REYNOLDS, CARVER BEACH: Mr. Reynolds is proposing to construct a home on a 10,000 square foot parcel located on West 68th Street west of Mandan in Carver Beach. The Board of Adjustments and Appeals met and recommended that the Council grant the 5,000 square foot lot area variance and the four foot rear yard setback variance. Councilman Geving moved to grant the variances as requested in the I Assistant City Manager/Planner's report providing a lot area variance and a rear yard setback variance for Lots 2294-2298 with the condition that the City provide for an assessment of one unit as per the Carver Beach project. Motion seconded by Councilman Matthews. The following voted in favor: Acting Mayor Pearson, Councilmen Matthews I I I Council Meeting March 19, 1979 and Geving. No negative votes. Motion carried. -3- J. HAROLD ANDERSON SUBDIVISION REQUEST, 6470 ORIOLE LANE: The Andersons were present seeking approval to subdivide approximately five acres into three lots and two out1ots. Councilman Matthews moved to grant approval to the Anderson Subdivision, Planning Case P~92, with the following conditions: 1. That the right-of-way of Oriole Lane and Forest Avenue be dedicated, 2. That Lot 4 become a part of Outlot A, 3. That outlot A be that part of the Anderson property south of Lot 3 and north of Forest Avenue and that the Anderson property south of proposed Forest Avenue be platted as Outlot B. 4. That the number of deferred sewer and water units equal the number of lots proposed to be platted at this time. Placing such deferred units on the property. 5. That the attorney's office be empowered to carry out or require that restrictions be placed on both Outlot A (as amended to include Lot 4) and Outlot B that no building permits will be considered prior to platting or subdivision of such lots. 6. That the right-of-way of Oriole Lane be 40 feet on the Anderson property and that the Forest Avenue right-of-way be 50 feet. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Pearson, Councilmen Matthews and Geving. No negative votes. Motion carried. SUBDIVISION VARIANCE REQUEST, THOMPSON/DANIEL PROPERTY, 7722 FRONTIER TRAIL: A variance to the Subdivision Ordinance is requ.est to allow the convèyance of a three foot strip of land from St. Hubert's to the Daniels. RESOLUTION #79-17: Councilman Matthews moved the adoption of a resolution approving the Thompson conveyance. Resolution seconded by Councilman Geving. The following voted in favor: Acting Mayor Pearson, Councilmen Matthews and Geving. No negative votes. Motion carried. STREET NAMING AND ADDRESS CORRECTION PROGRAM: Councilman Geving moved to place on first reading an ordinance changing the following street names in the Carver Beach area: MSAS 101 to Kerber Blvd. West 67th Street to Western Drive Glendale to Hiawatha Drive Carver Beach Road to Carver Beach Road Ivy Road to Cree Drive Hawthorne to Imperial Drive West 68th Street to Ponderosa Drive Forest to Lone Eagle Drive Elm Road to Wood Hill Drive West 79th Street to Fox Hill Drive West 69th Street to Broken Arrow Drive Iroquois to Navajo Drive Mandan to Yuma Drive Huron to Lotus Trail Nymph to Opal to Deerwood Drive Quail-Iroquois to Pawnee Drive council Minutes March 19, 1979 -4- Robin-Iroquois to Mohawk Drive Kiowa to Hoky Drive Laredo to Nez Perce Drive Laredo to Ringo Drive West 66th Street to Napa Drive West 66th street to Quiver Drive Nez Perce to Nez Perce Drive Motion seconded by Councilman Matthews. The following Acting Mayor Pearson, Councilmen Matthews and Geving. votes. Motion carried. I voted in favor: No negative 1979 DRAINAGE IMPROVEMENTS, VARIOUS AREAS: The building inspector reviewed minor drainage complaints received during the past year. No action was taken. At a future time the council will inspect these drainage areas. FLOOD PLAIN MANAGEMENT LEGISLATION: Councilman Geving moved to table action. Motion seconded by Councilman Matthews. The following voted in favor: Acting Mayor Pearson, Councilmen Matthews and Geving. No negative votes. Motion carried. CONSENT AGENDA: Acting Mayor Pearson asked if any council member wished to discuss any items on the consent agenda. As no additional comments were received, Councilman Matthews moved to approve the following items pursuant to the City Manager's recommendations: a. Establish "No Parking Zone ", Old Village Hall, 7804 Great Plains Blvd. b. Contract Approval, Chanhassen and Carver County for I Construction of CSAH 17. c. Authorize Bids, Removal of Buildings - Schmieg Property by July I, 1979. RESOLUTION #79-18. d. Authorize Amended Feasibility, North Lake Susan Project - Phase III, Urban Section County 17 and East/West Street through Schmieg Property. RESOLUTION #79-19. e. Old st. Hubert's Church, Contract to Repair Windows. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Pearson, Councilmen Matthews and Geving. No negative, votes. Motion carried. BILL: Councilman Matthews moved to pay check #7280 in the amount of $1,598.02 for the maintenance and repair of valves and pipes at Lift Station #10. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Pearson, Councilmen Matthews and Geving. The City Manager will report back as to why the repairs were necessary and who may be responsible for the $1,598.02. Councilman Matthews moved to adjourn. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Pearson, Councilmen Matthews and Geving. No negative votes. Motion carried. Meeting adjourned at 11:30 p.m. Don Ashworth City Manager I