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1982 12 06 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING DECEMBER 6, 1982 Mayor Hamilton called the meeting to order with the following members present: Councilwoman Swenson, Councilmen Geving and Horn. Councilman Neveaux was absent. Bob Waibel, Don Ashworth, and Craig Mertz were present. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: Councilwoman Swenson moved to approve the agenda with the following changes: Remove item a. Carver Beach/Lotus Lake Park. Remove item c. Appointment of Laborer Position within the Park Dept. Add, discussion on letter from·Halla Nursery. Add, discussion on dumping on the Hjermstad property. Add, Chanhassen's appointment to the Community Education Board. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. CONSENT AGENDA: Councilwoman Swenson moved to approve the following consent agenda items pursuant to the City Manager's recommendations: b. Set Load Limits on Bluff Creek Drive. RESOLUTION #82-70. d. Fund Transfer for Carver Beach Drainage Improvement Project 81-4. RESOLUTION #82-71. e. Change of Group Health Insurance Carrier. f. Designation of new MSA Streets. RESOLUTION #82-72. g. Authorize meeting to review MWCC Feasibility Study. A copy of the City Manager's comments be forwarded to Bill Sando, Senator Schmitz, and Representative-Elect Dimler. h. Lake Lucy Park Acquisition, Update Report. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. MINUTES: Councilman Geving moved to approve the October 18, 1982, Council minutes. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilmen Geving and Horn. Councilwoman Swenson abstained. Motion carried. Councilman Geving moved to note the November 10, 1982, Planning Commission minutes. Motion seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Councilwoman Swenson moved to note the November 23, 1982, Park and Recreation Commission minutes. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Mayor Hamilton moved to note the October 28, 1982, Lake Minnewashta Study Committee minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. SIGN PERMIT APPLICATION, MGM LIQUOR WAREHOUSE, 540 WEST 79TH STREET: One illuminated business identification sign, totaling 192 square feet to be mounted on the western half of the building and one 80 square foot free-standing illuminated pylon business identification sign are requested by the applicant. The City Planner noted that one free-standing sign Council Meeting December 6, 1982 -2- per street frontage is allowed and the proposed sign would preclude other prospective businesses in this building from having a free-standing sign. Councilman Geving moved to approve the sign permit request for MGM Liquor Warehouse, Sign Permit 82-7, as stated in the City Planner's report of December 1, 1982, for an illuminated wall mounted and free-standing signs located at 540 West 79th Street. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilmen Geving and Horn. Councilwoman Swenson voted no. Motion carried. I FRONT YARD SETBACK VARIANCE REQUEST, 6630 MOHAWK DRIVE: Mike Wegler is requesting a 13 foot front yard setback variance in order to construct an approximate 20' x 341 addition onto the north end of the existing residence. The Board of Adjustments and Appeals recommended approval as requested as it would be a substantial improvement to the property. The Assistant City Attorney suggested that if the Council approves the variance, he would recommend that the motion specifically stated that the Council reserves the right to develop Mohawk Drive in the future and maintain it as a public street. Councilman Geving moved to approve the 13 foot front yard setback variance, Planning Case 82-14, at 6630 Mohawk Drive and the City reserves the right to develop Mohawk Drive at some future time. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. ACCESSORY BUILDING VARIANCE REQUEST, 1945 STOUGHTON AVENUE: The City I Planner explained that this is a request to have the Board of Adjustments and Appeals and Council review staff interpretation of Section 6.03 of Ordinance 47. Mr. Gary Dungey is proposing to construct an approximate 100' x 321 pole building for storage of constractors equipment, recreational equipment and other miscellaneous items. The property is vacant and zoned R-1A. The interpretation staff has made is that since there is not a principle structure on the property at the present time that this building would not qualify as being an accessory structure. If approval of the request is granted, it would substantially alter the use and location restrictions for accessory buildings within the City. Furthermore, if approval in concept would be granted, the applicant would also have to verify to what extent any of the floodplain or shoreland area of the property is to be altered. The Board of Adjustments and Appeals recommended that the Council uphold the staff interpretation that the ~roposal is inconsistent with the spirit and intent of the accessory use and structure provisions of the Zoning Ordinance and that approval would set a precedent significantly affecting the purpose or need for said accessory use or structure provisions of the Zoning Ordinance. The City of Chaska staff commented that they are opposed to an accessory use of this size and nature. Councilman Geving moved to deny the accessory building variance request, 1945 Stoughton Avenue, by Mr. Gary Dungey, Planning Case 82-13, because I the proposed cons tractors storage building is not a permitted use or a conditional use or an accessory use in the R-1A District. Motion seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. I I I Council Meeting December 6, 1982 -3- FRONTIER TRAIL PETITION FOR STOP SIGNS: Mayor Hamilton stated that the Public Safety Commission had discussed this petition and the Sheriff's Department has patroled the street and prepared some traffic data. The average speed on Frontier Trail ranges from 22 to 29 mph. Bob Dols, Mary Palmer, Margaret Johnson, and Darlene Huseth all spoke in favor of stop signs at Highland Drive and Frontier Trail. Jean Meuwissen noted that a north bound stop sign on Frontier would cause problems in trying to negotiate the hill on Highland Drive in the winter. Mayor Hamilton moved to install stop signs on Frontier Trail both north and south bound at Highland Drive. Motion seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton and Councilwoman Swenson. Councilmen Geving and Horn voted no. Motion failed. 1983 PARK AND RECREATION CAPITAL IMPROVEMENT PROGRAM: Tom Schoenecker was present to answer questions. Councilman Geving asked if money will be budgeted for replacing trees in the tree farm. Councilwoman Swenson noted that the tennis court at Lake Ann Park is in need of resurfacing. Mayor Hamilton moved to accept the 1983 Capital Improvement Budget as recommended by the Park and Recreation Commission. Motion seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. EXCHANGE OF PROPERTY, PART OF LOT 1, BLOCK 5, CHANHASSEN ESTATES SECOND ADDITION AND PART OF RICE MARSH LAKE PARK: The proposed land exchange will alleviate the need to relocate the existing access to Rice Marsh Lake Park which presently encroaches upon Lot 1, Block 5, Chanhassen Estates Second Addition. Councilwoman Swenson moved to accept the exchange of property as shown in the Schoell and Madson, Inc. survey dated August 27, 1981, revised July 29, 1982, and approve the subdivision of Lot 1, Block 5, Chanhassen Estates Second addition and Rice Marsh Lake Park with the provision that the City Attorney approve the form of transfer. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Councilwoman Swenson moved to authorize the Mayor and City Manager to sign the necessary deed to carry out the land exchange. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. PROFESSIONAL PLANNING SERVICES AGREEMENT FOR PREPARATION OF NEW ZONING AND SUBDIVISION ORDINANCES: The Community Development Director1s memorandum of December 2, 1982, noted that the Planning Commission interviewed two planning consultants and recommended Zack Johnson and Associates, Inc. of St. Paul. Mike Thompson, Planning Commission, stated that he felt the Planning Commission approved Zack Johnson and Associates as the consultant but did not necessarily approve the contract or the terms of the contract. Mayor Hamilton asked if there could be a penalty clause included in the contract. He further suggested that the Planning Commission set up a subcommittee to work through the ordinances with the Council Meeting December 6, 1982 -4- consultant and report to the Planning Commission. Councilman Geving stated he would like to see the Community Development Director totally I responsible for the conclusion of this project. A clause will be included in the contract, if the consultant quits or the City no longer requires the consultantls services, the consultant will be paid a percentage of the fee for work completed. Councilwoman Swenson suggested that in #15 II Con f 1 i c t 0 fIn t ere s t 1/ asp h r a s e s h 0 u 1 d be add e d 1/ nor vJ ill the y a c qui r e during the lifetime of the contract". Mayor Hamilton moved to table this item until such time as the City Attorney reviews and amends the contract. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Geving and Horn.' No negative votes. Motion carried. Counci 1 members vJere poll ed as to thei r feel i ngs about the Pl anni ng Commission considering appointing a sub-committee to deal with Zack Johnson and Scott Martin to expedite the ordinances. There was a unanimous consensus. Councilwoman Swenson volunteered to be a member of the committee. APPOINTMENT TO THE PLANNING COMMISSION: Councilwoman-Elect Carol Watson will be resigning from the Planning Commission the end of December. The Planning Commission has interviewed two people and recommended Susan Albee to fill the vacancy. Councilwoman Swenson moved to re-appoint Ladd Conrad to the Planning Commission. Motion seconded by Councilman Geving. The following voted in I favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Mayor Hamilton moved to appoint Susan Albee to the Planning Motion seconded by Councilman Horn. The following voted in Hamilton, Councilwoman Swenson, Councilmen Geving and Horn. votes. Motion carried. Commission. favor: Mayor No negative STATE BUDGET DEFICIT: The City Manager noted that the State has incurred an additional $312 million deficit. He stated that additional budget cuts will have to be made. This item will be on the December 20th agenda. CARVER BEACH/LOTUS LAKE PARKS: Councilman Geving moved to hold a public hearing on February 14, 1983, to gather public input for the Carver Beach Park and Lotus Lake Park. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. APPOINTMENT OF LABORER POSITION, PARK DEPARTMENT: Councilman Geving moved to table action on filling this position to January 4, 1983. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Geving and Horn. Na negative votes. Motion carried. PRZYMUS/STEFONAC DRIVING RANGE: Councilman Neveaux, in a letter, has requested this item be placed on the December 20 Council agenda. I I I I Council Meeting December 6, 1982 -5- TEICH DUMP: A letter was received from David Halla, Halla Nursery, requesting that action be taken against Mr. Roy Teich and Mr. Ingram for the dumping of refuse type material on the Teich property. The PCA has inspected the site and suggested the City make Mr. Teich cover the material, stabilize the slopes and establish vegetation. The Assistant City Attorney stated there is a misdemeanor prosecution on this December 7th. Mr. Teich and Mr. Ingram are being arraigned for violating City Ordinances. The PCA does not want to become involved in the problem. Mayor Hamilton requested that the Carver County Herald publish a story along with pictures, on the dump site. The City Manager was instructed to send a copy of Mr. Halla1s letter to Bill Sando, Senator Schmitz, and Representative-Elect Dimler. Craig Mertz asked Council members if they wanted him to pursue the suggestion of the PCA to cover the material. Council members felt that soil borings should be taken in the area and samples be taken from the barrels to find out what is in them. DUMPING ON HJERMSTAD PROPERTY: Councilman Horn noted that someone has been dumping on the Hjermstad property. The Building Inspector was directed to inspect the property and issue a citation, if appropriate. CHANHASSEN APPOINTMENT TO COMMUNITY EDUCATION COMMITTEE: Councilman Geving noted that Chanhassen is not represented on the Chaska Community Education Committee. Council members are looking for someone who would be interested in serving on this committee. A motion was made by Councilwoman Swenson and seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Meeting adjourned at 10:30 p.m. Don Ashworth City Manager