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1981 02 02 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING FEBRUARY 2, 1981 Mayor Hamilton called the meeting to order at 7:30 p.m. with the following members present: Councilmen Neveaux, Horn, Geving, and Swenson. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: Councilman Geving moved to approve the agenda as presented with the additions of Hanus signs on fence and Semi's parked outside the fence at Hanus Body Shop. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, Horn, and Swenson. No negative votes. Motion carried. MINUTES: Councilman Neveaux moved to Motion seconded by Councilman Geving. Councilmen Neveaux, Geving, Horn, and approve the January 24, 1981 Council minutes. The following voted in favor: Mayor Hamilton, Swenson. No negative votes. Motion carried. Councilman Horn moved to note the January 23, 1981, Sign Committee minutes. Motion seconded by Councilman Swenson. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, Horn, and Swenson. No negative votes. Motion carried. Councilman Swenson moved to note the January 20, 1981, Park and Recreation Commission minutes. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, Horn, and Swenson. No negative votes. Motion carried. REZONING FROM P-2 TO R-lA, AUGUST SINNEN PROPERTY: The Planning Commission held a public hearing to consider the rezoning of this property since no development activity has occurred. They recommended approval of the rezoning. Mr. James Tuzinski, Attorney representing Mr. Reuben Andregg, asked that the zoning action be tabled for approximately 120 days as the property is in the process of being sold. Councilman Neveaux moved to accept the recommendation of the Planning Commission, the Land Use Coordinator, and the City Attorney and down zone Planning Case P-597 from P-2 to R-lA Agricultural Residential District. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, Horn, and Swenson. No negative votes. Motion carried. REZONING FROM P-2 TO R-lA, OAKMONT PROPERTY: The Planning Commission held a public hearing to consider the rezoning of this property and recommended approval of the rezoning. Mr. Dave Sellergren, representing the owners of the property was unable to attend. Councilman Geving moved to down zone the Oakmont property west of Lake Ann Park and north of Highway 5 from P-2 to R-lA in concurrence with the Planning Commission, the City Manager, the Land Use Coordinator and the City Attorney's letter of January 29, 1981. Council members requested an explanationof all the ramifications inherent in this action. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. Councilman Swenson abstained. Motion carried. Councilman Swenson requested a copy of the agreement that was drawn up before she would make a decision. VARIANCE REQUEST, ORDINANCE 45, 6951 HAZELTINE BLVD._ Mr. Val Wirtz owns 15 acres at 6951 Hazeltine Blvd. which he would like to subdivide into two lots. The property is not served with municipal sewer. Councilman Neveaux moved to table action until the next regular Council meeting at which time there will be a full staff report. Motion seconded by Councilman Swenson. Council Meeting February 2, 1981 -2- The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Swenson. Councilman Horn voted no. Motion carried. SUBDIVISION AND VARIANCE REQUEST, 6270 RIDGE ROAD: Mr. and Mrs. John Edwards were present seeking approval to subdivide their property into two parcels. A variance is requested as the property does not front on a public street. Council members discussed the possibility of easement acquisition for the future construction of Ridge Road. I Councilman Neveaux moved to approve the request for subdivision, Planning Case P-732, for the John Edwards property at 6270 Ridge Road and accept the recommendation of the Planning Commission and the Land Use Coordinator; i.e. 1. That building plans for any residence proposed on the subject property on a slope greater than 12 percent be certified by an architect or engineer registered in the State of Minnesota. 2. That a residential setback for the subject property be maintained at a distance of 55 feet from the centerline of the Ridge Road easement. 3. That the applicant provide documentation demonstrating the perpetual right of access for the subject property that is found satisfactory to the City Attorney's office. 4. That sewer and water unit assessments be administered on the subject property as per the north service area public improvement project 71-1. 5. That the topographic data requirement in the subdivision ordinance be waived. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, Horn, and Swenson. No negative votes. Motion carried. CONDITIONAL USE PERMIT RENEWAL, DALE GREEN COMPANY: Mr. LaVerne Butler was I present requesting renewal of a conditional use permit for his black dirt and ~ sod business located on the southwest corner of Galpin Blvd. and Arboretum Blvd. The City Manager suggested that the Council send this item to the Planning Commission for review of the basis under which this contract was originally entered into and current recommendations in regards to use. Mayor Hamilton requested that the Planning Commission review the verbage in the conditional use permit with the City Attorney. Councilman Swenson moved to send this item to the Planning Commission for review and recommendations submitted to the Council. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, Horn, and Swenson. No negative votes. Motion carried. HOLIDAY STATIONSTORE CANOPY CONSTRUCTION RECONSIDERATION: Jerry Jensen was present asking the Council to reconsider their action of June 2, 1980, to deny a conditional use permit amendment for the erection of a canopy over the pump island. Councilman Horn moved to reconsider the option from the Holiday Stations tore to construct a canopy and instruct Mr. Jensen to come back with alternatives for staff and council review. This motion is not binding on this council. It is purely a reconsideration and not necessarily a favorable vote of the council. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Horn, and Swenson. Councilman Geving voted no. Motion carried. SPECIAL ASSESSMENT RECONSIDERATION REQUEST, GORDON JULIUS: Mr. and Mrs. Julius were present requesting the council reconsider the placement of assessments on two lots in the Julius Addition. The Council acted to deny the request at a June 19, 1978, meeting. The Council took no action. I ~ I I I Council Meeting February 2, 1981 -3- PLANNING COMMISSION RESIGNATION AND APPOINTMENT: Councilman Horn moved to appoint Ladd Conrad to fill the vacancy created by the resignation of Bill Johnson. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, Horn, and Swenson. No negative votes. Motion carried. Staff was instructed to send a letter of commendation to Bill Johnson. P DISTRICT REVIEW: Councilman Horn moved to note the P District review. The Land Use Coordinator to take the additional information changes to the P District reviews to the Planning Commission. The Planning Commission will review this annually and take the necessary action for the Council. The appropriate recommendation betaken either by staff or Planning Commission as outlined in the P District review. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, Horn, and Swenson. No negative votes. Motion carried. UPGRADE HIGHWAY 7: Hud Hollenback was present. Councilman Neveaux presented a resolution outlining concerns about recent fatalities involving traffic movement on Highway 7 and requesting safety striping and signing. RESOLUTION #81-02: Councilman Neveaux moved the adoption of a resolution requesting traffic lane demarcation on State Highway 7. Resolution seconded by Councilman Swenson. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, Horn, and Swenson. No negative votes. Motion carried. 2% FIRE AID DEDICATION TO LOCAL FIRE DEPARTMENT: RESOLUTION #81-03: the reallocation of Resolution seconded Councilmen Neveaux, Councilman Neveaux moved the adoption of a resolution opposing fire state aid to any purpose other than presently mandated. by Councilman Geving.· The following voted in favor: Mayor Hamilton, Geving, Horn, and Swenson. No negative votes. Motion carried. PERFORMANCE SECURITY ADJUSTMENT REQUEST, SUNNYSLOPE ADDITION: Mr. Allen Gray has requested that the city reduce securities held to 110% of the work remaining. Blacktopping seeding and street light installation will be completed when weather permits. The City Engineer stated that the work remaining to be completed approximates $15,000. RESOLUTION #81-04: Councilman Neveaux moved the adoption of a resolution releasing one of the lots that is being held as a part of the security agreement with Allen Gray and the Sunnyslope Addition. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. Councilman Swenson abstained. Motion carried. PARK AND RECREATION COMMISSION REAPPOINTMENT: Councilman Geving moved to concur with the Park and Recreation Commission and reappoint Tom Schoenecker to the Park and Recreation Commission. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, Horn, and Swenson. No negative votes. Motion carried. PROPERTIES: Councilman Geving moved to approve Resolution 8l-0L,tA 1981 PARK FEE - RESIDENTIAL/COMMERCIAL the following park charges for 1981: Single Family 375.00 Double Family 375.00 Multiple Dwelling/Townhouse Efficiency 100.00 1 Bedroom 185.00 2 Bedroom 300.00 3 Bedroom 370.00 4 Bedroom 385.00 Commercial/Industrial 940.00 Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Council Meeting February 2, 1981 -4- Councilmen Geving and Horn. Councilmen Neveaux and Swenson voted no. Motion carried. SPECIAL MEETING, REVIEW CANDIDATES FOR H.R.A. DIRECTOR/PLANNER'S POSITION: Councilman Neveaux moved to hold a special meeting February 7, 1981, at 8:00 a.m. in the municipal building to interview candidates for the position of H.R.A. Director/Planner. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, Horn, and Swenson. No negative votes. Motion carried. I PARAMEDIC SERVICE: The Mayor and City Manager met with the Paramedic Staff at Waconia Ridgeview Hospital. They would like to have a life support unit stationed at the satellite fire station. A meeting will be set up with the Carver County Sheriff to discuss the use of the paramedic service in Chanhassen. STATE OF THE CITY MESSAGE AND GOALS AND OBJECTIVES: Mayor Hamilton asked Council members to read the proposed State of the City Message for discussion at a future meeting. HANUS PROPERTY: Councilman Swenson noted that there are truck bodies outside the fenced area with "for sale" signs attached to the fence. These are in violation of the conditional use permit. Council members requested a report on the status of the conditional use permit for the February 23 meeting. TWIN HILLS FARM - SCHMELTZER TRAILER: Councilman Swenson noted a blue liquid possibly draining out of the trailer. METROPOLITAN WASTE CONTROL COMMISSION: A meeting will be held February 23, 1981, I at 7:30 p.m. in the Deephaven City Hall. It was suggested to ask Dick Pearson to attend. Còuncilman Neveaux moved to adjourn. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, Horn, and Swenson. No negative votes. Motion carried. Meeting adjourned at 12:15 a.m. Don Ashworth City Manager I