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1981 05 04 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING MAY 4, 1981 The regular meeting of the Chanhassen City Council was called to order on Monday, May 4, 1981, at 7:30 p.m. by Acting Mayor Neveaux. The following members were present: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. Mayor Hamilton was absent. APPROVAL OF AGENDA: A motion was made by Acting Mayor Neveaux and seconded by Councilman Horn to approve the agenda. Motion carried. No negative votes. APPROVAL OF MINUTES: Amend the April 27, 1981, Council minutes under the DEVELOPMENT AGREEMENT, PARK ONE PROPERTY, INSTANT WEB the second motion to read: A motion was made by Councilman Horn and seconded by Councilman Geving to table action on the Park One agreement pending resolution of agreement by the Attorney. The following voted in favor thereof: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Amend the motion under HANUS DEVELOPMENT CONTRACT in the April 27, 1981, Council minutes to read: A motion was made by Councilman Horn and seconded by Councilwoman Swenson to approve Recommendation No.2 as outlined in the Assistant City Attorney's report dated April 23, 1981, stating that staff be directed to prepare amendment language which would clarify provisions for full screening from public view. The following voted in favor th reof: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Amend the motion in the April 27, 1981, Council minutes under LAKE AND SHORELINE ORDINANCE REVIEW as follows: A motion was made by Councilman Horn and seconded by Councilman Geving to instruct the City Attorney to place the revisions into final ordinance form and instruct the Planning Commission to hold a public hearing on the Lake and Shoreline Ordinance as well as an amendment to the Zoning Ordinance regarding beach lots. It should be brought to the attention of the various neighborhood association members involved and an article should be put in the paper. The following voted in favor thereof: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. A motion was made by Councilman Geving and seconded by Councilman Horn to approve the April 27, 1981, Council minutes as amended. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. A motion was made by Councilman Geving and seconded by Councilman Horn to note the April 8, 1981, Planning Commission minutes. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. A motion was made by Councilman Horn and seconded by Councilman Geving to note the April 15, 1981, Planning Commission minutes. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Don Ashworth explained that the April 13 and 20, 1981, Council minutes are forthcoming. Jean, the regular City Council secretary is on vacation. AMERICAN LEGION CLUB: A motion was made by Councilwoman Swenson to table this item until the May 18th meeting. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. May 4, 1981, Council Minutes -2- 96TH STREET SANITARY SEWER: Mrs. Virginia Harris from Carver County Planning and Zoning presented to the Council and the homeowners a proposal for a community sewer systeln to be placed on 96th Street. Some discussion was made about the cost, how the system works, cOmnIunity system vs. individual systems and how long the system will work. Will need an easement from each of the owners for the maintenance of this system. The City is responsible to maintain this system. A motion was made by Councilman Horn and seconded by Councilman Geving that the ') r\~' ) 1\ community sewer system be approved as outlined in Resolution of May 4, 1981. ,~~ I. '\í' WHEREAS, the alternative proposal for corrective action provides for a community : D drainfie1d System for the homes along West 96th Street within the corporate L~' limits of the City of Chanhassen, in Section 25, Tl16N, R23W and an on-site upgrade for the three homes on Pioneer Trail is also cost effective under federal guidelines and is an alternative that will be suited to providing a long term solution to the on-site sewage treatment problems in the study area. The following voted in favor: Acting Mayor Neveaux, Councilmen Geving and Horn. Councihvoman Swenson abstained. Motion carried. I' F) ~\\ I r \-\ ,,1\' v 1,(/,/ \1 .....~ " I' ¡ I -'11 Wording for Resolution #2 should read that the alternative proposal for a community. . . Councilman Geving made a motion that was seconded by Councilman Horn to adopt Resolution #2 as amended above. Russell Larson stated that "as City Attorney, I will accept this resolution with the addition that a hazardous condition to public health, safety and welfare of the City is found to exist in these systems and that it is in the interest of the public that corrective action be taken to eliminate those hazards. II Councilman Geving amended his motion to include the City Attorney's recommendations. The following voted in favor: Acting Mayor Neveaux, Councilmen Geving and Horn. Councilwoman Swenson abstained. Motion carried. A motion was made by Councilman Geving and seconded by Councilman Horn to authorize expenditure for soil borings on the subject property not to exceed $500. The following voted in favor: Acting Mayor Neveaux, Councilmen Geving and Horn. Counci1w'oman Swenson abstained. Motion carried. MACPHERSON PROPERTY, REQUEST FOR RECONSIDERATION OF ASSESSMENTS: A motion was made by Councilwoman Swenson and seconded by Councilman Geving to adopt a resolution to defer Mr. MacPherson's assessment because of inadequate street frontage. The deferrment is to occur for 1981 and all years thereafter, for prinicpa1 only (collection of interest on the unpaid balance must be made), with the condition that such deferrment is void and the assessment immediately callable if platting or construction of improvements which would utilize all or part of the special benefit derived from the assessment occurs on the property. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. I I JOSEPH BOYER, BOYER'S STERLING ESTATES: Councilman Geving moved to deny the request to remove the assessment on Lot 7, Block 1. Motion seconded by Councilwoman I Swenson. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. ZONING ORDINANCE AMENDMENT/CONDITIONAL USE PERMIT - JOHN PRZYMUS: made by Councilman Geving and seconded by Councilwoman Swenson to use permit as requested for Drive Fore for the establishment of a on Lots 5, 6, 7, & 8, Block 1, Frontier Development Park with the conditions: A motiÒnwas approve a temporary Driving Range following I I I Council Minutes May 4, 1981 -3- 1. Temporary Use Permit for one year. 2. A letter from the owners of the property stating that he knows what the applicant has proposed for his property and is in agreement with it. 3. That insurance with a $1,000,000 coverage be taken out. 4. That the applicant provide 15 off street parking spaces. 5. There will be no electricity for land/early hours. 6. Signage must meet the criteria set up by the Sign Committee. 7. The ball shed must not exceed 8' x 16' and be constructed of suitable materials. 8. All partners have a statement in writing that they will be responsible for any accidents. 9. Prepare a final map of the site to be a part of the permit. 10. A sign proposal needs to be submitted. 11. An escrow account of $500 to cover cost of legal and engineering services. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. FINAL DEVELOPMENT PLAN REVIEW, FOX CHASE, DERRICK LAND COMPANY: A motion was made by Councilwoman Swenson to permit Mr. Derrick to make a presentation and other to comment. However, action will not occur this evening to allow the Council an opportunity to consider comments made tonight, to respond to written questions received from the neighborhood dated May 2, 1981, and to have the attorney place his opinion as to legal status of the July 1980 council action into written form. The Council received comments from the planner (staff report and Planning Commission action), the proposal as presented by Mr. Laughinghouse and Mr. Derrick (as the developers), and comments from the general public. Motion was withdrawn. Mr. Laughinghouse, a representative from Derrick Land Company, presented the plan for Fox Chase. They have changed the plan to have 52 units, the company is very interested in preserving all the trees that they can. Lot 4 is larger than the rest in order to save more trees. Mr. Laughinghouse stated that they will do everything they can to keep the run off from going into the lake. The Acting Mayor requested that the attorney read the recent state law (Laws 1980, Chapter 566, Section 30) which would apply to the legal status of the plan as approved in July 1980. The Council expressed concern about the future owners of the property if the land will be buildable with all the proposed fill. Mr. Laughinghouse explained that they are willing to pay anything in order to have these lots filled right. The process that they are going to use is an acceptable method that has been used for years. Acting Mayor Neveaux indicated that the City has had trouble with plat developers who have had their engineers review the plan. Acting Mayor Neveaux requested that the City Engineer review the plat after the filling. Mr. Derrick stated that if Fox Path was moved to the east there will be poor visibility, Fox Path will also be used as a COmnIon drive with the Osgoods. Nancy Osgood, the adjoining property owner to the east indicated that their driveway was put in in 1867 and they have been using it since 1967 and they have no problems seeing. Councilman Horn asked why the staff doesn't have any answers to the questions being brought up. Requested that they do more investigation into this item. Council Minutes May 4, 1981 -4- One of the neighbors asked if his tax money will be helping to pay for the roads being put into Fox Chase. Mr. Laughinghouse indicated that Derrick Land Co. is paying for it all. Mr. Derrick requested that the feasibility study be started so that when and if Fox Chase is approved they will not have to wait any longer for the feasibility study. I Councilwoman Swenson moved that Schoell and Madson do a public improvement feasibility study on Fox Chase and that whatever costs and risks are involved fall with the developer because of the developer's request to proceed with the feasibility study on an unapproved plan. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Councilman Geving requested that more soil borings be taken. Councilwoman Swenson indicated that there are areas that she would like looked into before approval, i.e. the egress to the south. Mr. M. Thompson, from the Planning COmnIission, indicated that they had made a motion to move Fox Path to the easterly property line for better visibility. Councilman Geving indicated that he feels the conservation easement is important and that he likes the Planning COmnIissions recomnIendations. Councilman Geving stated that he is not ready to approve either plan and doesn't want to proceed until the Council has heard more from the City Engineer and more about the road to the east. Councilwoman Swenson indicated that she concurs with Councilman Geving and that I whe would like to have more answers to questions before approving anything. _ Mr. Derrick had indicated before the meeting that he wanted this item tabled but the notices had already gone out. Mr. Derrick indicated that he is for the conservation easement but does not like the idea of no docks. What does the Council think about the docks on the lake. Councilman Geving explained that the Council is interested in securing the lakes while they have an opportunity to do so. Boats are alright as long as they are put on the lake from the public access. Docks are just another structure on the lake, when they are put in, the lily pads will have to be dug into, the Council wants to conserve the lakes as best they can. Councilman Horn moved by Councilman Geving. Councilwoman Swenson, carried. to table this request until June 1, 1981. Motion seconded The following voted in favor: Acting Mayor Neveaux, Councilmen Geving and Horn. No negative votes. Motion FINAL DEVELOPMENT PLAN REVIEW, NEAR MOUNTAIN, LUNDGREN BROS.: A motion was made by Councilman Geving and seconded by Councilman Horn to table this item until 7:30 p.m. at the meeting of May 11, 1981. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. CONSENT AGENDA: Acting discuss any item on the Councilman Geving moved City Manager. a. Lyman Blvd., County~Road 17 tO,lOl, ResolutAon Avpr~fn$ Construction Plans. ~~) g¡'-/3¡ ~ b. Fi~l PJ. an~ and Sp~cification Approval, T.H. 169 and 212 ~K.f./.J()¿/(kn) g I - I ¿¿ Mayor Neveaux asked if consent agenda. There to approve the consent any Council member wished to being no further comments, agenda as recommended by the I Co u1)J: y 1:3 Ii· Improvements. I I I Council Minutes May 4, 1981 -5- Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Neveaux, Councilmen Geving and Horn. Councilwoman Swenson voted no. Motion carried. COUNCIL PRESENTATIONS: Acting Mayor Neveaux suggested that a Coordinating Committee be made to work with Minnetonka Labs. in order to keep communications clear. Acting Mayor Neveaux suggested that the following be on the committee along with himself, Art Partridge of the Planning Commission, Don Ashworth City Manager, Bob Schultz, and Mark Koegler. Suggested that they meet on a regular basis and they will not be a policy setting cOmnIittee, it is just for the purpose of cOmnIunication. Councilwoman Swenson, Councilmen Geving and Horn all agreed that it was a good idea. Acting Mayor Neveaux also suggested a Government Operations Committee to take the complaints about the staff. All agreed that this is a good idea. A motion was made by Councilwoman Swenson and seconded by Councilman Horn to adjourn. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Meeting adjourned. Don Ashworth City Manager