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1979 09 17 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING SEPTEMBER 17, 1979 Acting Mayor Neveaux called the meeting to order at 7:30 p.m. with the following members present: Councilmen Matthews, Pearson, and Geving. Mayor Hobbs was absent. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: Councilman Matthews moved to approve the agenda as presented. Motion seconded by Councilman Pearson. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Matthews, and Geving. No negative votes. Motion carried. PUBLIC HEARING 1980 PROPOSED USES FOR REVENUE SHARING FUNDS The City Manager presented the 1980 proposed uses for revenue sharing funds. A work session will be held September 24 to go over the budget. Councilman Matthews moved to close the public hearing. Motion seconded by Councilman Pearson. The following voted in favor: A.ttîn'g Mayor Neveaux, Councilmen Pearson, Matthews, and Geving. No negative votes. Hearing closèd: MINUTES: Amend the last full sentence un page 3 of the August 13, 1979, Council minutes to read: By reason of his position, the Manager will not be subject to the personnel pò 1 i des of· the City; . . . Councilman Pearson moved to approve the August 13, 1979, Council minutes as amended. Motion seconded by Councilman Matthews. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Matthews, and Geving. No negative votes. Motion carried. Councilman Pearson moved to note the September 11, 1979, Park and Recreation Commission minutes. Motion seconded by Councilmen Geving. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Matthews, and Geving. No negative votes. Motion carried. BILLS: Councilman Geving moved to approve the bills as presented; checks #11077 to #11125 in the amount of $25,313.44, checks #10983 to#11076 in the amount of $2,837,138.63, and checks #7703 to #7771 in the amount of $360,060.26. Motion seconded by Councilman Matthews. The following voted in favor.: Acting Mayor Neveaux, Councilmen Pearson, Matthews, and Geving. No negative votes. Moti on carried. INCREASE RELIEF ASSOCIATION FUNDING - CHANHASSEN FIRE DEPARTMENT: Fritz Coulter, Bob and Howard Meuwissen were present. Fritz presented a surveyor area fire departments as requested by the Council at an earlier meeting. No action was taken. LOT AREA VARIANCE - DWIGHT IMKER9 CARVER BEACH: Mr. Imker is requesting a lot area variance to build a home on Lots 1869-1873, Carver Beach. The Carver Beach Plan shows Imperial Drive to be to be an unimproved street. The Board of Adjustments and Appeals recommended denial. Councilman Geving moved to deny the lot area variance for Dwight Imker, Planning Case P-432. Motion seconded by Councilman Pearson. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Matthews. No negative votes. Motion ca rri ed. CARVER BEACH SWIMMING AREA: The City has received a letter from Thomas Johnson calling attention to a number of incidences that have occurred at the swimming beach in Carver Beach and requesting that the parking area be closed and a number of streets in the area be posted no parking. Council Meeting September 17, 1979 -2- Councilman Geving moved that the Council accept the Manager's recommendations dated September 17, 1979, regarding the Carver Beach problem, eliminating the second item I which is the installation of no parking signs on one side of Lotus Trail. The Manager be directed to send a forceful letter outlining the problem that is occurring in Carver Beach to the Carver County Sheri ff. Starting wi th the summer season the Park and Recreation Commission advise the Council on the use of the Chanhassen Park Permit Sticker for this area. The Council requests the Sheriff report back to the Council within 30 days as to what action has been taken. Motion seconded by Councilman Matthews. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Matthews. No negative votes. Motion carried. POPE DRAINAGE POND: Staff has made application tó the Minnehahð CreèkWatershed District for fünding for this project. . . SIDE YARD SETBACK VARIANCE - JAMES CONGDON, 7610 IROQUOIS: Mr. Congdon is requesting a four foot side yard variance in order to construct a garage on his property at 7610 Iroquois. Councilman Matthews moved to approve the four foot side yard setback variance for James Congdon, Planning Case P-639. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Matthews. No negative votes. Motion carried. JOINT COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, SCOTT-CARVER ECONOMIC COUNCIL: RESOLUTION #79-55: Councilman Pearson moved the adoption of a resolution to join in a joi nt community development appl i cati on with Scott and Carver Counti es. Reso 1 ut ion seconded by Councilman Matthews. The following voted in favor: Acting Mayor Neveaux'l Councilmen Pearson, Geving, and Matthews. No negative votes. Motion carried. DEVELOPMENT PLAN AMENDMENT - HOLIDAY/HAPPY CHEF: John Lee and Lawrence Zamor were present. Amendments requested are to allow the development contract to be amended showing Lawrence lamor as the developer for the Happ,Y,Chef building. Happy Chef.would becnmp theleasee and bound to all operational condltlons once an occupancy· permlt is issued. Council members generally stated that if item 3 of the Manager's report dated September 17, 1979, were to be approved that such approval would negate the necessity for action on items 1 and 2. Should the developer need further clarification of items 1 and 2 he should submit such to the City Attorney for review prior to resubmission to the City Council. Councilman Pearson moved to approve item 3 in the City Manager's report of September 17,1979, and that the Council will divide the HRA increment in half with $7,500 to Lot 1, Block 1, Zamor Addition and in the future the additional $7,500 be applied to Lot 2, Block 1, lamor Addition. The landscaping is to be completed from the intersection of West 79th Street and Highway 101 to the east parking lot line of the Happy Chef restaurant site. Said landscaping to be installed prior to the issuance of an occupancy permit. Motion seconded by Counci lman Geving. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Matthews. No negative votes. Motion carried. Councilman Matthews moved to table action on items 1 and 2 of the City Manager's I report dated September 17,1979. Motion seconded by C~uncilman Geving. ,The following voted in favor: Acting Mayor Neveaux, Councllmen Pearson, Gevlng, and Matthews. No negative votes. Motion carried. I I I Council Meeting September l7, 1979 -3- BUILDING PERMIT, LOTS 2981 TO 2986, 3030 TO 3035, CARVER BEACH: Richard Jordan is requesting a building permit on a 24,000 square foot piece of property. At the time of the Carver Beach sewer and water project the engineer assessed this property as unbuildable as there is a drainage swale through it. The City Engineer recommended that Mr. Jordan hire an engineer to prepare a report on the topography of the site, plus a fill plan incorporating in that plan a proposed drainage course and defining an easement for it. The City Engineer further recommended that the DNR look at this property to determine if it is ·cl:aš;sirfed dsawetlands or not. Councilman Pearson moved to table action until such time as the Council has more definitive answers. Motion seconded by Councilman Matthews. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Matthews. No negative votes. Motion carried. 1979 SPECIAL REFERENDUM: The City Council generally reviewed the City Manager's report of September 17,1979, regarding the Special Referendum set for November 6,1979. As this item will appear as a part of a special City Council meeting set for October 8, 1979, no action was taken. CONSENT AGENDA: Acting Mayor Neveaux 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. Lyman Lumber, Industrial Development Revenue Bonds. RESOLUTION #79-56 Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Matthews. No negative votes. Motion carried. Councilman Pearson moved to adjourn. Motion seconded by Councilman Matthews. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Matthews. No negative votes. Meeting adjourned at 11 :05 p.m. Don Ashworth Ci ty Manager