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1979 08 06 I I I CHANHASSEN CITY COUNCIL MEETING AUGUST 6, 1979 Mayor Hobbs called the meeting to order at 7:30 p.m. with the following membeFs present: Councilmen Pearson, Neveaux, and Geving. Councilman Matthews was absent. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: Councilman Pearson moved to approve the agenda as presented. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. MINUTES: Councilman Geving moved to approve the July 9, 1979 special Council meeting minutes. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. Councilman Neveaux moved to approve the July l~, 1979, Council minutes. Motion seconded by Council man Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. Councilman Pearson moved to approve the July 23, 1979, special Council meeting minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion ~arried. Councilman Pearson moved to note the July 11,1979, Planning Commission minutes. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion ~arried. Councilman Neveaux moved to note the July 25,1979, Planning Commission minutes:, Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. Councilman Geving moved to note the July 17,1979, Board of Adjustments and Appeal's minutes. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative 'votes. . Motion carried. Councilman Pèarson moved to note the July 16, 1979, Park and Recreation Commission minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs , Councilmen Pearson, Neveaux,and Geving. No negative votes . Motion carried. COMMERCIAL/INDUSTRIAL PARK CHARGE . AND RESIDENTIAL . PARK CHARGE: Joe Betz, Phyll is Pope, and Pat Boyle of the Parkar.dRecreation Commission were present. Councilman Neveaux moved the adoption of Ordinance 14-B establishing under Section 2, 4.09 the percent figure of 0.5% wrtth City Staff computing the cost of site plan improvements. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Counci 1 men Pearson, Neveaux,and Gevi ng; No negati ve votes. Moti on carri ed. Councilman Geving moved the adoption afOrdinance 33'"'C amending to clarify language. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. RESOLUTION #79-48: Councilman Neveaux moved the adoption of ~ resolution establishing a residential park charge for single family new home construction at $350.00 with all other res i denti al charges being proporti onatelyincreased from thei r exi sting schedul e. Resolution seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. Councilman Pearson moved to di rect staff to prepare an amendment to the ordinance establishing residential park charges to a 0.5%. This amendment will be presented to the Council on November 5, 1979. The following voted in favor: Mayor Hobbs, Councilmen Counci 1 Meeti ng Augus t 6, 1979 -2- Pearson, Neveaux, and Geving. No negative votes. Motion carried. FILL PERMIT - AMERICAN LEGION CLUB: Leander Kerber, representing the Legion, was present. Councilman Geving moved to direct staff to grant a fill permit based on I Schoell and Madson's report of July 24, 1979, with the permit cost being determined by the costs that the City has incurred in preparing the report. Motion seconded Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. LOT AREA VARIANCE - DWIGHT IMKER: Mr. Imker is requesting a variance to build a home of lots 1869-1873, Carver Beach. The Board of Adjustments and Appeals met and recommended the Council deny the variance request. Mr. Imker requested the Council delay action until September. Councilman Geving moved to table action until September 17, 1979. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. STREET NAME CHANGE, KIOWA (CARVER BEACH): The Council had previously changed Kiowa to Hoky Road. Residents along this street had requested Hopi Road. Councilman Neveaux moved to change Hoky Road to Hopi Road. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. PLEASANT VIEW PARK RESIDENTIAL DEVELOPMENT: Councilman Pearson moved to authorize the survey work as outlined in the City Manager's letter of August 6, 1979. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, I Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. BUDGET AMENDMENTS - PAYMENT OF EAST/WEST COLLECTOR - PAYMENT OF SKLUZACEK'COURT COSTS: The City Manager presented his report dated August 6, 1979, such reflecting unanticipated costs for the east/west collector street and Skluzacek court costs. The purpose of the presentation was to inform the Council that such items were not within the 1979 budget; however, it was not known whether a budget adjustment may be necessary or not, i.e. overall expenditures within the planning department and fire department may be less than originally anticipated this not necessitating a budget adjustment. This item will be presented to the City Council should a budget adjustment be necessary. No action \^Jas taken by the Council. KATHY BJORNSON: Staff was directed to prepare a letter of .commendation to Kathy Bjornson for her recent gold medal in tennis. CONSENT AGENDA: Mayor Hobbs asked if any council member wished to discuss any items on the consent agenda. Item a. Picnic-in-the-Park and item d. Project 78-1 were discussed bri efly but 1 eft on the consérlt agenda. Councilman Neveaux moved to approve the following items pursuant to the City Manager's recommendations: a. Picnic-in-the Park - Approve one day beer license, Chamber of Commerce. b. Plat correction, Julius Addition. c. Kerber Drive - Delete as 1979 Assessable project. e. Water and Sewer rate study, Schoell and Madson, Authorization of Budget adjus tment. , I f. Adopt Special Asse~sment Hearing Dates, 1979 Improvement Prrijects. and to table item d. South Lotus Lake Driinage Project 78-1, Forcier and Mattson Easements. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. I I I I- Council Meeting August 6, 1979 -3- DOWNTOWN CLEAN-'-UP, PAULY I SAND HOMBRE'SBARS:~.' :t\ttherequest of the Counci 1, Harry Pauly was present. No one representingHomI1)\~edsBarwasifr 'attendante. The Council discussed methods of keeping theareðcleaned up, Le. hiring someóne to pick up the litter,ó.bdttles, and cans, bar owners policing their establishments so that patrons do not carry glasses outside, requestingthe&herHf'soffketocarryoutadditional patrol/citations for open liquor containers within the parking 'areas. Council members felt that if the property owners do not carry out clean up activities themselves, the city would hire someone to do this and assess the costs on the liquor licenses. SUBDIVISION REQUEST, LOT C, BARDWELL ACRES - ROBERT SOMMER: Mr. Sommer was present seeking Council approval to subdivide two residential lots along Chaska Roadoand the extension of city water. Council members discussed the concept of the platting of three lots (one of which was previously split) and one or more outlots of the whole Sommer property. Councilman Pearson moved to table action and instruct the attorney's office to proceed in line with the discussion carried out by the Council, i.e. availability of sewer and water and three lot subdivision with one or moreoutlots. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. SANITARY SEWER CONNECTION, 6271 HUMMINGBIRD ROAD: Mr. and Mrs. Nigel Chi1verswere present requesting the city pay for the furnishing and installation ofa house pump or provide a gravity sewer and water connection for their home. Mr.Chil vers has found he is unable to connect to the line in Hummingb'i rd because the chome"i:'S28Q' feet from the street. A gravity sewer stub was provided on Galpin Blvd. in a location specified by the former owner Mr. Gall agher. The property has been s ubdividedand in order to for Mr. Chilvers to connect to the gravity stub the sewer line would have to cross two lots. Mr. Chilvers was instructed to contact the Gallagher's to get an easement to cross lots 3 and 4 to connect to the existing sewer and water stubs along Galpin Blvd. Jack Gill suggested another alternative of serving the top portion of the house by gr.avity to Hummi ngbi rdand the b'ottomby a smaller house pump. CHAPARRAL FIRST ADDITION LIGHTING PLAN: Lighting is to be removed from the existing sign. The residential lights surrounding the parking area and lights on the model homes are on a timer which turns them off around 9: 15 p.m. No action was taken. COMMERCIAL/INDUSTRIAL PARK CHARGE: ·Jul'ius·,Srñi·th: ariçlRbd:Hardywereþrèsent to discuss the park charge that was approved previously this meeting. They were told to discuss it with the City Manager for a future council meeting. LOT AREA VARIANCE, 921 HEST 67th STREET: Kathleen McKinney was present réquesting building status for lots 812-817, Carver Beach. The Board of Adjustments and Appeals met and recommended the council deny the variance request for the reason that it be continued as an unbuildable lot according to the Carver Beach Guide Plan. Councilman Neveaux moved to accept' the recommendati on of the Board of Adjus tmentsand Appea 1 s, Ass i stant Manager/Pl anner and deny the' reques t. Moti on seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion'carried. CONDITIONAL ,USE PERMIT FOR BEACH LOT, OUTLOT B, MINNEWASHTA CREEK SECONDAADDIT10N: Romarco, Inc. is proposing to establish Outlot B of Minnewashta Creek Addition as a beach lot for the residents of the homes to be constructed in the Minnewashta Creek Second Addition Plat. The Planning Commission recomnendedthat a conditional use permit be drafted per the covenants of the Homeowner's Association, with the ownership of the outlot to be by the association. There would be no dockage, no access, no Council Meeting August 6, 1979 -4- building, and that the covenants could be modified by majority but would be subject to approval of the Planning Commission and Council. Counci lman Neveaux moved to diTect the Ci ty Attorney to draft a condi ti onal use permit for review by the Planning Commission and City Council. The Sign Committee will review the sign. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Pearson, and Geving. No negative votes. Motion carried. I PARK AND RECREATION COMMISSION APPOINTMENT: Councilman Geving moved to appoint Michael Lynch to fill the unexpired term of Shirley Chellis. Motion seconded by Council man Neveaux. The foll owi ng voted in favor: Mayor Hobbs, Councilmen Pears on, Neveaux, and Geving. No negative votes. Motion carried. PLANNING COMMISSION REPRESENTATIVE TO THE BOARD OF ADJUSTMENTS AND APPEALS: Councilman Pearson moved to appoint Tom Droegemueller as Planning Commission representative to the Board of Adjustments and Appeals with Walter Thompson as alternate. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. The Council noted that Mr. Droegemueller was recently appointed to the Planning Commission and would appreciate it if staff would meet with him and review appropriate ordinances. Councilman Neveaux moved to adjourn. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. I No negative votes. Meeting adjourned at 11 :20 p.m. Don Ashworth Ci ty Manager I