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1979 12 03 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING DECEMBER 3, 1979 Mayor Hobbs called the meeting to order with the following members present: Councilmen Pearson, Neveaux, Geving, and Swenson. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: Councilman Pearson moved to approve the agenda as presented with the additions of 169/212 Update and City Manager's Expenditure Authority. Motion seconded by Councilman Swenson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. MINUTES: Councilman Neveaux moved to approve the November 5, 1979, Council minutes. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Swenson. Councilman Geving abstained. Motion carried. Councilman Geving moved to approve the October 3, 1979, Council-Planning Commission work session minutes. Motion seconded by Councilman Pearson. The followi~g voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Swenson. Councilman Neveaux abstained. Motion carried. VOLUNTEER FIRE DEPARTMENT PENSION AND DISABILITY BENEFIT PLAN: Fred Coulter was present. Council"members added the following to Section 1, Subdivision 1, Service Pensions and to Section 2, Permanent Disability Benefits: Provided funds are available in the Relief Association Special Fund. RESOLUTION #79-70: the Fire Department Resolution seconded Councilmen Pearson, Councilman Pearson moved the adoption of a resolution ratifying Relief Association Disability and Retirement Benefits. by Councilman Geving. The following voted in favor: Mayor Hobbs, Neveaux, Geving, and Swenson. No negative votes. Motion carried. POWERS BLVD., RECONSIDER DELETION OF MAINTENANCE: Frank Fox was present requesting the Council reconsider their previous action on deleting the maintenance on Powers Blvd. north from Pioneer Trail. Councilman Neveaux moved to reconsider the issue of whether or not the City will resume maintenance of Powers Blvd. from Pioneer Trail northward to its terminus at the Fox property. Motion seconded by Councilman Swenson. The following voted in favor: Councilmen Pearson, Neveaux, and Swenson. Mayor Hobbs and Councilman Geving voted nOt Moti on carri ed. Council members questioned how much money would be saved by not maintaining this road. Figures were not available at this time. Councilman Swenson moved to table action until the next meeting to a chance to view the road. Motion seconded by Councilman Geving. voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, negative votes. ~~otioncarried. give Council members The following and Swenson. No WESTERN HILLS THIRD ADDITION, PRELIMINARY PLAT AND AUTHORIZE PUBLIC IMPROVEMENT PROJECT: Doug Hansen, Tom Klingelhutz, and Jim Hawks were present. Councilman Pearson moved to approve the prel iminary pl at -âs shown'otiE)(hibil~Adatèd-November 1979, incorporating the City Manager's report of December 3, 1979, with the thre~ conditio~s as outlined therein. Motion seconded by Councilman Neveaux. The followlng voted ln favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. Final street names will be presented as a part of the final plat for approval by the City Council. Council Meeting December 3, 1979 RESOLUTI ON #79 -71 : Councilman Neveaux moved the adoption of a resolution authorizing the City Engineer to prepare the feasibility study incorporating the ~ix conditions ~s I' outlined in the City Manager's report of December 3,1979, wlth paragraph flve being amended to not exceed four years. Resolution seconde? by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councllmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. WEST 86TH STREET: Al Klingelhutz was present requesting the Council reconsider the deletion of maintenance on West 86th Street and that this item be an agenda item at the same time as Powers Blvd. EAST LOTUS LAKE LAWCON GRANT APPLICATION: Tom Seifert, Ted Coey, Elwood McCary, and Frank Kurve~s were present to voice objection to the proposed public access onto Lotus Lake. Wally Coudron, Park and Recreation Commission, Clark Horn, Planning Commission, and Fran Callahan, Community Services Director, were also present. RESOLUTION #79-72: Councilman Neveaux moved the adoption of a resolution to proceed with the approval as suggested by the City Manager in his letter of December 3,1979. Resolution seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Swenson. Councilman Geving voted no. Motion carried. The Council suggested that the Park and Recreation Commission and Lake Study Committee get together and one group should take the lead in following up in the areas that were outlined in the Park and Recreation Commission IS minutes of November 20, 1979. I BAL TI C NON-CON FORMING USE PERMIT: Lon Holte was present. Ba It i CiS conformance with the non-conforming use permit was discussed. The landscape plan will be presented to the Council at their January 7,1980, meeting. SIGN VARIANCE - M. A. GEDNEY COMPANY: The M. A. Gedney Company is requesting a variance to the Sign Ordinance for the construction of an identification sign on the south side of the building. A variance from the ordinance is required because in conjunction with the identification sign, Gedney is also constructing a wall sign on the north side of the building. Councilman Geving moved to grant the sign variance as requested. Motion seconded by Counci lman Swenson. The following voted in favor: ~~ayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. Staff reported that the existing painted wall sign will be removed when the structure is painted. The new signs will not be illuminated. DEVELOPMENt CONTRACT AMENDMENT REQUEST, MIKE SORENSON, 7900 GREAT PLAINS BLVD. Mr. Sorenson is requesting the deletion of the requirements for the construction of concrete curb and gutter and sidewalk along Great Plains Blvd., deletion of concrete curb construction on the north property line, deletion of the requirement to construct an 800 square foot garage on the northwest portion of the property, and deletion of the outside storage portion of the plan and change the use for I said storage area to overflow and fleet truck parking. The Planning Commission recommended approval of the requests except for the concrete curb on the north property 1 ine. Councilman Neveaux moved to delete the construction of a 800 square foot garage, enforce the outside storage provision in 30 days or direct the City Attorney to I I 1 Council Meeting December 3, 1979 -3- proceed with appropri ate enforcement. The concrete curb along the north property line remains. Great Plains curb, gutter and sidewalk will be delayed until such time as the downtown development project, currently under consideration by the City Council and HRA, is approved. Parking of 3/4 ton licensed power driven vehicles will be allowed on the north side of the building. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. JOINT PUBLIC IMPROVEMENT PETITION , MINNEHAHA CREEK WATERSHED DISTRICT, REQUEST BY CITY OF EXCELSIOR: Scott Martin, Excelsior City Manager, was present requesting the Council support a petition to the Minnehaha Creek Watershed District supporting a proposed drainage improvement within the City of Excelsior. The drainage area includes properties within the Cities of Shorewood, Chanhassen, and Excelsior. Total costs for the improvements to Galpin Lake are estimated to be $60,000+ with 26% of the cost being assigned to properties in Chanhassen. ~ Councilman Geving moved to table action on this item. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carY'ied. PEDESTRIAN WALKWAY GRANT APPLICAT1UN"/NEWCOUNTY ROAD 11, SOUTH OF RAILROAD: The total cost of a 9 x 10 foot precast box culvert to serve as a bikeway/pedestrian facility will be $46,8009 of this amount $10,300 would be Chanhassen's share with the remainder funded through the state and county. RESOLUTION #79-73: Councilman Pearson moved the adoption of a resolution approving the grant application. Resolution seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Swenson. Councilman Geving voted no. Motion carried. SIGN COMMITTEE APPOINTMENT: Councilman Geving moved to appoint Councilman Swenson to be the Council representative on the Sign Committee. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. LAND PURCHASE AGREEMENT, CHANHASSEN LAKES BUSINESS PARK: Councilman Geving moved that the purchase agreement for Lots 10 and 11, Block 5, Chanhassen Lakes Business Park as amended by the City Attorney on November 19, 1979, providing for suitable soil tests as spelled out in the purchase agreement and the representation as to the use of the building and the premises together with the requirement of delivery by seller of a registered title, with a closing date to be established on December 17,1979. The total purchase price being $79,165.00 subject to special assessments. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. BUSINESS COMMUNITY MEETING REPORT: Mayor Hobbs gave a report on, a meeting that was held with the business people on the east end of the business area and representatives of the Sheriffls Department regarding the recent rash of burglaries and vandalism that has taken place in the area. 212/169 UPDATE: Councilman Geving invited members to attend an informational meeting sponsored by the League of Women Voters, to be held in the Jonathan Community Center on Thursday, December 6 from 3:00 to 8:00 p.m. CONSENT AGENDA: Mayor Hobbs asked if any council member wished to discuss any items on the consent agenda. Item b. Preliminary Development Plan, Near Mountain and Item e. Reassignment of City Easement were discussed separately. As no additional Council Meeting December 3~ 1979 -4- comments were received, Councilman Neveaux moved to approve the following items pursuant to the City Manager's recommendations: a. North Service Area Sewer and Water Project 71-1, Set Special Meeting Date I December 10,1979 at 7:30 p.m. c. Development Contract Approval, Ri chard Ersbo, Lake Lucy Road. d. Set Special t~eeting Date, December 8, 1979, at 9:00 a.m., Tour 1979 Public Improvement Projects. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carri ed. NEAR MOUNTAIN, PRELIMINARY DEVELOPMENT 'PLAN: Council members modified two of the Planning Commission recommendations as listed in the Assistant Manager/LUC1s report of November 30, 1979. 2. Approve the preliminary development plan including the subdivision with the condition that no single family lot be smaller than 11,700 square feet. 5. That the street widths as shown on the exhibit be accepted. Councilman Pearson moved to approve the preliminary development plan as amended this evening. Motion seconded by Councilman Swenson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. REASSIGNMENT OF CITY EASEMENT FOR CITY SIGN, LOT1~ BLOCK 1, ZAMOR ADDITION: RESOLUTION #79-74: Councilman Pearson moved the adoption of a resolution authorizing the ~~ayor and City Manager to execute a quitclaim deed releasing Lot 1, Block 1 from the sign easement. Resolution seconded by Councilman Swenson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving~ and Swenson. No negative votes. Motion carried. Councilman Neveaux moved to adjourn. Motion seconded by Councilman Swenson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion carried. Meeting adjourned at 11 :45 p.m. Don Ashworth Ci ty Manager I I