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1979 05 21 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING MAY 21, 1979 Mayor Hobbs ,called the meeting to order at 1:30 p.m. with the following members present: Councilmen Pearson, Neveaux, Matthews, and Geving. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: Councilman Matthews moved to approve the agenda with the following additions: discussion of generic non-conforming uses within the City and sewer and water hook ups when utilities are available. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried. MINUTES} Amend RESOLUTION #79-28 under ARBORETUM DRIVE VACATION in the Ma~~ï979, Council minutes to read: Councilman Neveaux moved the adoption of a resolution to vacate Arboretum Drive as per the Planning Commission Case P-605 with the condition that at the time the University of Minnesota anticipates barricading, a plan be presented to the Council showing how this will be accomplished. Resolution seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Matthews, and Geving. No negative votes. Motion carried. Amend the sentence under HANUS CONDITIONAL USE PERMIT in the May 7, 1979, council minutes to read: The Building Inspector has reviewed the conditions of the permit and visited the site. This item will be on the June 4 Council Agenda. Councilman Geving moved to approve the May 7, 1979, Council minutes as amended. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Matthews, and Geving. No negative votes. Motion carried. Councilman Neveaux moved to note the April 5, 1979, HRA minutes. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried. Councilman Pearson moved to note the April 18, 1979, Planning Commission minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried. The Council questioned the status of the Ecological Committee and if the Council will be m-a!<.ing !tli~ appcfifitments. This item will be on the June 4th Council agenda. Councilman Neveaux moved to note the April 25, 1979, Planning Commission minutes. Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried. Councilman Neveaux noted that he attended the April 25, 1979, Planning Commission meeting and felt his comments should have been noted after the fourth paragraph on page 11. "Councilman Neveaux asked the City Attorney about changing a non-conforming use and our ordinance does allow changes of uses." Councilman Matthews moved to note the May 1, 1979, Park and Recreation Council Meeting May 21, 1979 -2- Commission minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried. I Councilman Geving moved to note the May 2, 1979, Planning Commission minutes. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried. RECONSIDERATION, INDUSTRIAL REVENUE BOND REQUEST - FRONTIER DODGE: On May 7 the Council acted to deny the request for industrial revenue bond financing. Frontier Dodge requested reconsideration of the May 7 action. Councilman Geving moved to reconsider the industrial revenue bond request from Frontier Dodge for its new facility on West 79th Street. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried. Councilman Pearson moved that this Council considers that the lending policy of the private placement lender, in this case namely Ministers Life and Casualty Union, is considered to be acceptable to this city insofar as consideration is to be given to this proposed financing project pursuant to Fiscal Criteria II, B (3). Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried. I RESOLUTION #79-31: Councilman Neveaux moved the adoption of a resolution entitled "A resolution giving preliminary approval to a proposed industrial development project by Frontier Partnership under the Municipal Industrial Development Act, authorizing the submission of an application to the Commissioner of Securities for approval thereof and authorizing the preparation of documents and materials in connection with the project". Resolution seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried. ESTABLISH "NO PARKING ZONE" CITY HALL PROPERTY AND PROPERTIES OPPOSITE CITY HALL: As the Fire Chief could not be present, Councilman Geving moved to table action until June 4, 1979. Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried. BILLS: Councilman Matthews moved to approve the bills as presented, checks #10629 through l07l7 in the amount of $594j138.41,-checks 7389 through 7475 in the amount of $297,471.16, and checks #10740 through 10753 in the amount of $16,207.23. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried. I I I ~ f I I Council Meeting May 21, 1979 -3- REZONING AND SITE PLAN REVIEW, BALTIC CORP . '- CERMAKPROPERTY:-: Many area residents were~~resent. The Baltic Corporation is requesting rezoning approval of Lots 1 and 2, Minnewashta Park from R-1 to C-l for an office building on this property. City Staff recommended the zoning be P-2 instead of C-l. Persons present objected to the proposed rezoning. Petitions and letters have been received objecting to the proposal and rezoning. Councilman Geving moved to approve the petition of Baltic Corporation to rezoning the subject premises from R-1 to P-2., Motion s~g9Jlded by Councilman Neveaux. The following voted in favor: Nönè~" Mayor Hobbs, Councilmen Pearson, Neveaux, Geving¡and Måtthewsvoted no. Motion failed. It was sug~ested that the area residents and owners of the Baltic Corporation try to reach a mutually desirable solution. HOUSE MOVING PERMIT ,LatHS WOITALLA : Mr. Woi tal1a was present seeking approval to move a house onto lots along Carver Beach Road. Councilman Neveaux moved to grant a house moving permit to Mr. Woitalla contingent upon working out the actual lots to insure a variance isn't required, verify soils, to insure that sewer and water assessments are applied and paid, that a qualified mover is employed and that proper insurance coverage exists. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs,. Councilmen Pearson, Neveaux, Geving, and Matthews. No, negative votes. Motion carried. WATERMAIN EXTENSION PETITION, CHASKA ROAD - ROBERT SOMER: RESOLUTION #79-32: Councilman Pearson moved the adoption of a resolution to update the Chaska RoadWatermain Feasibility Study. Resolution seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried., DRAINAGE IMPROVEMENT REQUEST, GEOFFREY POPE, 2740 ORCHARD LANE: Mr. Pope was present to discuss the dràinage problem on his property. The building inspector prepared ,a .preliminary report regarding drainage to and from the pond. The Council requested the city engineer study the area to find out why the water in the pond is rising, how much area is contributing to the pond, and determine a feasible means to stabilize the pond. OFF SALE LIQUOR LICENSE REQUEST, MICHAEL SORENSON: Mr. Sorenson was present to discuss the possibility.of.the.Councilissuing an off sale liquor license. He is presently proceeding to the Planning Commission with plans to construct such a facility on the east side of Great Plains Blvd. just north of the Standard Station. No action was taken. 1979 FEE SCHEDULE, CONSULTING ENGINEERS: Councilman Neveaux moved to accept the proposal from Bill Schoell dated May 16, 1979, setting new rate schedule for engineering services and surveying fees with the City effective May 1, 1979. Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried. REVIEW SALARY SCHEDULE AND SET 1979 PLANNERS SALARY: Councilman Geving Council Meeting May 21, 1979 -4- moved to adjust the salary schedule per the City Manager's memorandum of May '21, 1979. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried. DEVELOPMENT CONTRACTS: development contracts. A report was presented on the status of No action was taken. I LAKE RILEY SANITARY SEWER PROJECT: The city engineer gave a progress report on clean up activities by the contractor. No action was taken. SCHLUETER VARIANCE REQUEST: The Council discussed the variance procedure. The Council requested the Board of Adjustments and Appeals review the variance procedure and prepare a set of instructions to be given to persons requesting variances. The Schlueter variance request will be reviewed by the Board of Adjustments and Appeals. STREET IMPROVEMENT PROJECT - CHANHASSEN ESTATES 1ST ADDITION: RESOLUTION #79-33: Councilman Neveaux moved the adoption of a resolution authorizing the preparation of a feasibility study on Cheyenne Street Improvement. Resolution seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Matthews, and Geving. No negative votes. Motion carried. GENERIC NON-CONFORMING USES: Councilman Neveaux discussed the possibility of preparing a map inventorying non-conforming uses throughout the city and notifying those property owners of the rules and regulations governing non-conforming uses. I SEWER AND WATER HOOK-UPS: Councilman Neveaux expressed concern about properties, where sewer and water is available, that haven't hooked up. CONSENT AGENDA: Mayor Hobbs asked if any council member wished to discuss the item on the consent agenda. As no additional comments were received, Councilman Pearson moved to accept the consent agenda as recommended by the City Manager. a. Amend Feasibility Study and Public Hearing Notice, Carver Beach Creek Improvement Project to Include Lift Station Access Road. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Motion carried. Conrad Fiskness was present to voice his objection to the open drainage channel that is proposed for the Carver Beach Creek Project. He suggested piping of the storm water. Councilman Pearson moved to adjourn. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Matthews. No negative votes. Meeting adjourned at 12:18 a.m. Don Ashworth City Manager I