Loading...
1982 09 20 REGULAR CHANHASSEN CITY COUNCIL MEETING SEPTEMBER 20, 1982 Mayor Hamilton called the meeting to order with the following members present: Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. The meeting was opened with the Pledge to the Flag. I APPROVAL OF AGENDA: Councilman Horn moved to approve the agenda with the following amendments: Discussion on old Instant Web building. Discussion on State Wide Auto Parts. Parking in Carver Beach. Remove consent agenda items a, e, and f, for discussion. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. PUBLIC HEARING STREET VACATION BETWEEN LOT 4, BLOCK 1, AND LOT 4, BLOCK 2, MOLINE ADDN. Mayor Hamilton called the public hearing to order with the following interested persons present: Terry Atherton, 2082 West 65th Street Bob Peterson, 2040 West 65th Street Don Kelly, 2081 West 65th Street I The City Planner explained the purpose of the hearing is to consider the vacation of a portion of right-of-way which lies west of the existing cul-de-sac on West 65th Street. Staff and the Planning Commission recommended approval with the following conditions: 1. That a 20 foot utility/pedestrian easement be dedicated along the watermain lying within that portion of West 65th Street to be dedicated. 2. That right-of-way for the West 65th Street cul-de-sac be dedicated at the time when the street vacation is filed. Bob Peterson - I have two small children when I bought that lot and I was under the impression that it would always be a dead end street. I just hope it stays that way. It is a very secure street to bring up a family and the street isn't going to go anywhere as far as I can see, that's going to help anybody out. I just hope it will stay that way. Terry Atherton - I am one of the persons that applied for the vacation of the street. It is a temporary cul-de-sac now. I would like to turn it into a permanent cul-de-sac. The neighbor across the street, his house is oriented so that it is positioned parallel with the cul-de-sac, whereas my house isn't. The reason my house doesn't is because there are a lot of springs in that area. I don't think the road, because of that, could handle a lot of traffic. I Don Kelly - One of the reasons we made this request now is that we would like to have some degree of permanence with regard to what our property is. My driveway is primarily in the West 65th Street right-of-way right now. If the street changed that would change quite a bit. I am being pestered to pave my driveway by my family and I really would like to avoid paving something that would be torn up in a few years. We would just like to see it finalized. Council Meeting September 20, 1982 -2- Mayor Hamilton - Wasn't that your lot that the children would cut through to go to school? Don Kelly - Yes, when the school was there they were. Before my house I was built the path passed on the south side of my lawn and after we moved in I mowed the path so that it would swing out into the street. There is a lot less traffic without the school there. Councilman Geving moved to close the public hearing. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Council- woman Swenson, Councilmen Neveaux, Geving, and Horn. No n~gative votes. Motion carried. STREET VACATION, PORTION OF WEST 65TH STREET: Councilman Neveaux - They would be gaining a considerable amount of property. It's a pretty good gift. Bill Monk - They will be giving up some property when the cul-de-sac is actually platted. Councilman Neveaux - They are also talking about wanting to have that cul-de-sac improved at this time. The time to get in and do an improvement project is when somebody is gaining some benefit from it. Don Kelly - Right now the cul-de-sac is not dedicated. There is a cul-de- sac that has been paved but it happens to go around on our property rather than be an actual dedicated cul-de-sac. Councilman Neveaux - Who constructed that? Bill Monk - The City did a number of years ago when the watermain was put in. So basically it would clean up the situation as it exists and give us an opportunity to get the right-of-way the cul-de- sac covers while vacating the road. Councilman Neveaux - What I was trying to get at was, say two years from now somebody comes in with a request to finalize that cul-de-sac and bring it up to City standards and blacktop it and everything else and monies are expended and then the City Council at that time has a public improvement project and starts assessing the costs back to the benefitted people and then, typically, the people that are affected say, hay, we didn't get any benefit from it. It's rather obvious tonight that there is some benefit there and I just want people to remember that if it surfaces a couple of years down the road. Councilman Geving - Are you willing to pay for the survey to bring this in to line so that you could dedicate that to the City? Don Kelly - The estimates of what the survey would cost have been vague. Russell Larson - We would, of course, need a survey of the proposed cul- de-sac. We would also need an accurate survey as to where that water line is unless the as-built plans accurately show that. We would then have to have legal descriptions to cover easements for the cul-de-sac from Lots 3 and 4, Block 1 and Lots 3 and 4, Block 2. RESOLUTION #82-55: Mayor Hamilton moved the adoption of a resolution approving the vacation of a portion of West 65th Street between Lot 4, Block 1, and Lot 4, Block 2, Moline Addition, based upon the staff recommendation in a report dated August 3, 1982, and conditioned upon a survey of the proposed cul-de-sac be completed, that an accurate survey I I I I I Council Meeting September 20, 1982 -3- as to the location of the water line be completed, and legal descriptions to cover easements for the cul-de-sac from Lots 3 and 4, Block 1, and Lots 3 and 4, Block 2, Moline Addition be obtained. It would be appropriate that those easements for the cul-de-sac, from the private owners, be given to the City at no cost to the City. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. MINUTES: Councilwoman Swenson moved to note the August 26, 1982, Planning Commission minutes. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving and Horn. No negative votes. Motion carried ZONING ORDINANCE AMENDMENT, GOLF DRIVING RANGES IN THE R-IA DISTRICT: Councilman Geving moved to reconsider a zoning ordinance amendment to allow golf driving ranges and miniature golf courses i~ the R-1A District as a conditional use. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. This item will appear on the October 4 Council agenda. WALDRIP'S SECOND ADDITION, RECONSIDER PHASING, PUBLIC IMPROVEMENT FEASIBILITY STUDY: Ken Waldrip and Bob Tyler were present. George Jackson and Associates are in the process of purchasing this property. Their proposal is to develop the entire parcel in one phase. The Planning Commission has review the proposal and recommended approval. George Jackson and Associates are further requesting the City complete the feasibility study before they determine whether to proceed further with the project. The City Manager advised the Council that past policy of the Council has been to require the developer to escrow the total cost of the feasibility study and if, after receipt of the study, the Council determines to proceed with it as a public improvement project, the cost of the feasibility study then becomes an assessib1e cost of the project. They have to put up a letter of credit equal to 110% of the cost of the improvements within the plat to insure that assessments will be repaid to the City. Councilman Neveaux moved to authorize the City Engineer to proceed with the establishment of a feasibility study for this project in a one phase procedure and it to be thought of as a 429 improvement project. The cost of the feasibility study to be escrowed by the developer. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. The City Engineer asked if he had the flexibility to handle the feasibility study in-house or hire an outside consultant. Council members agreed that he did, but additional costs in hiring a consultant will be borne by the developer. Ken Waldrip - I sold the property to George Jackson and Associates the day after the last time I was before the Council and there was a certain time frame that was allowed George Jackson and Associates to get this project done. That time frame has run out. George asked if he could continue with his Council Meeting September 20, 1982 -4- pursuit of the project and the deal was made between George and I, fine, go ahead and do it and if you can we can write a new purchase agreement but not that withstanding I want to I go forward with mine, my original request. I want to have it all in place if this thing goes flat I want to have mine ready to go so that I can file a plat before the end of the year. Mayor Hamilton - We have said that we are treating this as a separate i s s ue. Ken Waldrip - I am going to meet with staff tomorrow to see if we can resolve the problems and I may be asking you for a final plat approval. Don Ashworth - It will be a lot more cost to you in terms of the development contract will speak to one side and the other. I think we can bring it up to a point of either/or but not approval. WESTERN HILLS THIRD, CERTIFICATION OF FEASIBILITY STUDY COSTS: RESOLUTION #82-56: Councilman Neveaux moved the adoption of a resolution assessing the costs of the feasibility study for Western Hills Third in the amount of $4,009.92 as suggested in the City Manager's comments of September 17, 1982, over a three year period of time at 13% interest. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. BILLS: Councilman Neveaux moved to approve the bills as presented: I checks #13887 through #13963 in the amount of $549,949.89, check #140938 in the amount of $470.00, and checks #18090 through #18173 in the amount of $86,230.16. Motion seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. SUBDIVISION VARIANCE REQUEST, 2600 ARBORETUM BLVD. Al Klingelhutz and Jay Dolejsi were present. The parcel contains 111 acres. The applicant, Harry Kerber, wants to sell 40 acres to Mr. Dolejsi at this time and sell the remainder to Mr. Dolejsi when he sells his existing farm. The County Recorder referred this to the City for review because the northerly boundary of the newly created 40 acre parcel was 32 feet short of the required 500 foot minimum width established by Minnesota Statutes 462.358. Staff commented that the applicant try to divide the property so that it would be more rectangular in shape or, if possible, shift the property line to the quarter section line to uncomplicate any legal descriptions and, if approved by the Council, a document should be recorded with the deed saying that neither parcel is eligible for a residential, commercial or industrial building permits in accordance with Ordinance 45. The Planning Commission considered the request and recommended a variance be approved to allow the subdivision with the condition that a document be filed stating to any potential property owners that it would not be eligible for any residential, commercial or industrial building permits other than for normal farm buildings. Bob Waibel. City Planner, stated I that since there is considerable cost for additional surveys and the legal descriptions that the Planning Commission recommendation should be considered. I I I Council Meeting September 20, 1982 -5- Councilman Neveaux moved that the variances recommended by Staff in the up-date report of August 19, 1982, be adopted and the request for a variance be approved with the addition that Section 2.02 of Ordinance 45 also be included. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. RESOLUTION 82-56A. SIGN PERMIT APPLICATION CHANHASSEN HOME BAKERY: One business identification sign measuring 31 x 17 1/3' is proposed to be mounted on the front mansard roof area of the building located at 504 West 78th Street. Staff recommended that the sign permit be approved but that the applicant be asked if their can It be a substantial reduction in the area devoted to the IIPepsill logo. Councilman Geving moved to approve the addition of one section to the proposed sign for a total of 251. The sign to be centered on the building. Staff be allowed to issue the sign permit. This item will appear on the next Consent Agenda. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. Councilwoman Swenson voted no. Motion carried. SIGN PERMIT APPLICATION, BROWN1S STANDARD: Gary Brown was present seeking a permit to install a business identification sign, including pricing information. This sign will be moved ten feet east of the existing sign and replace the existing sign. Staff recommended approval and that the Council attempt to negotiate with the applicant for removal of the existing pricing sign adjacent to Highway 5. Mr. Brown noted that the Sign Ordinance says that if you have a corner lot you are permitted two signs and he is on a corner lot. He further stated he will remove a 4' x 81 existing sign. Councilman Neveaux moved to approve the request fora sign permit for Brown's Standard Station, #82-13A, and accept staff's recommendation of September 13, 1982, with the exception that the existing pricing sign facing Highway 5 be allowed to remain. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. VARIANCE REQUEST, 9239 LAKE RILEY BLVD. Mr. Paul Olson is seeking variance approval in order to construct a home on Lot 36, Shore Acres. Variances requested are: a five foot side yard setback variance, a 42 foot shoreland setback variance, a 14,500 square foot lot area variance, and a 50 foot street frontage variance. City sanitary sewer is available to the property. The Board of Adjustments and Appeals recommended the Council approval the variances as requested with the condition that the property not be considered for future variances such as garages due to the intensity of the current proposal. Councilwoman Swenson moved to accept the Board of Adjustments and Appeals recommendation and grant a five foot side yard setback variance, a 42 foot shoreland setback variance, a 14,500 square foot lot area variance, and a 50 foot street frontage variance. The property will not be considered for future variances such as garages due to the intensity of the current proposal and further conditioned upon the installation of a private well. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Council Meeting September 20, 1982 -6- and Geving. Councilman Horn voted no. Motion carried. 1982 FINAL PARK GRANT APPLICATION: I RESOLUTION #82-57: Councilman Neveaux moved the adoption of a resolution authorizing the Mayor and Manager to make final application for a 1983 State grant for park acquisition on Lake Lucy. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. AUTHORIZE SALE OF CERTIFICATE OF INDEBTEDNESS, FIRE TRUCK PURCHASE: Andrew Merry, Juran and Moody, was present. RESOLUTION #82-58: Mayor Hamilton moved the adoption of a resolution awarding the sale of $130,000 General Obligation Fire Equipment Cer- tificates of Indebtedness in 1982, fixing the form and specifications thereof, and providing for their payment. Resolution seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. PLANNING COMMISSION RESIGNATION, ART PARTRIDGE: Councilwoman Swenson moved to accept Art Partridge's resignation and direct staff to prepare a thank you letter to be signed by each council member. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. CONSENT AGENDA: Councilman Neveaux moved to approve the following consent agenda items pursuant to the City Manager1s recommendations: b. 1982 Audit Contract, DeLaHunt Voto and Company. c. Special Meeting date, Chanhassen Fire Relief Association. (September 27, 1982) d. The Press Expansion, 18780 West 78th Street, Phasing Modification. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. 1983 POLICE CONTRACT: Councilman Horn requested a breakdown of what constitutes the 14.3% increase in the police contract. He further requested a tabulation of the number of patrol hours spent in Chanhassen in 1982. Mayor Hamilton moved to approve the 1983 Police Contract. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. SNOW PARKING ORDINANCE AMENDMENT: Mayor Hamilton moved to place on first reading an amendment to the Snow Parking Ordinance. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. 1982 CERTIFICATION OF DELINQUENT SEWER AND WATER BILLS: Council members discussed amending the late charge fee from 10% on the current bill to 10% of the unpaid balance. I I I I I Council Meeting September 20, 1982 -7- RESOLUTION #82-59: Mayor Hamilton moved the adoption of a resolution certifying the delinquent sewer and water utility bills to the County Auditor for collection in 1983 including a 20% certification charge or $20.00. Resolution seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. OLD INSTANT WEB BUILDING: Scott Martin reported that Instant Web should be in their new facility by January 1, 1983. It was decided to have a joint meeting with the HRA, Kraus-Anderson, and BRW on October 7 at 7:30. PARKING IN CARVER BEACH: Councilman Horn noted that since the IIno parkingll signs have been installed, people are now parking on Ponderosa Drive. The City Engineer stated he hasn1t received any complaints. BLUFF CREEK DRIVE: The Engineer brought Council members up to date on what has previously occurred regarding the upgrading of Bluff Creek Drive. Improvement options range from a general regrave1ing along with cutting and stabilizing drainage ditches to full improvements as outlined in the 1980 feasibility study. The Engineer will present additional options at a future Council meeting. Councilman Geving moved to adjourn. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Meeting adjourned at 11 :30 p.m. Don Ashworth City Manager