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1981 07 13 I I I , REGULAR CHANHASSEN CITY COUNCIL MEETING JULY 13, 1981 Mayor Hamilton called the meeting to order at 7:30 p.m. with present: Councilwoman Swenson, Councilman Neveaux and Horn. absent. The meeting was opened with the Pledge to the Flag. the following members Councilman Geving was METROPOLITAN COUNCIL REPRESENTATIVE BILL SANDO: Mr. Sando discussed concerns of the council members. CONTINUATION OF PUBLIC HEARING EXTENSION OF SEWER AND WATER SOUTHEAST CORNER OF HIGHWAY 5 AND HIGHWAY 101 The following interested persons were present: Lewis Woitalla George Beniek Jeff Swedlund Pat Kerber Jim Orr, Schoell and Madson Bill Monk, City Engineer, suggested that perhaps the Council should put the Legion on notice that they may have to pick up 100% of the cost of the project. Mr. Woitalla, representing the Legion, stated that the Legion members realized they would probably be assessed the whole project costs. Councilman Horn moved to close The following voted in favor: and Horn. No negative votes. the public hearing. Motion seconded by Councilman Neveaux. Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux Hearing closed at 8:10 p.m. SEWER AND WATER EXTENSION: RESOLUTION #81-21: Councilman Neveaux moved the adoption of a resolution approving the project and directing the City Engineer to prepare plans and specifications and advertise for bids. Resolution seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Horn. No negative votes. Motion carried. MINUTES: Councilman Horn moved seconded by Councilman Neveaux. Swenson, Councilmen Neveaux and to approve the June 1, 1981, Council minutes. Motion The following voted in favor: Mayor Hamilton, Councilwoman Horn. No negative votes. Motion carried. Amend the third paragraph under MINUTES in the June 15, 1981 Council minutes as follows: Councilman Horn requested that all motions be recorded in commission minutes whether they die for lack of a second or not. Amend the third paragraph on page 3 under COMPREHENSIVE PLAN REVIEW in the June 15, 1981, council minutes as follows: Councilman Neveaux expressed concern that he hoped the text would reflect both city and Metropolitan Council philosophies, the philosophy of the City of Chanhassen over the year, developed upon, and the fact that the City believes these figures are more reflective of true and future conditions, however, the City will accept the projections of the Metropolitan Council. Councilwoman Swenson moved to approve the June 15, 1981, Council minutes as amended. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Horn. No negative votes. Motion carried. Councilman Horn moved to approve the June 22, 1981, Council minutes. Motion seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Horn. No negative votes. Motion carried. Councilman Horn moved to approve the June 24, 1981, Council minutes. Motion seconded by \ Council Meeting July 13, 1981 -2- Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Horn. No negative votes. Motion carried. Councilwoman Swenson moved to note the June 11, 1981, HRA minutes and June 17, 1981, Planning Commission minutes. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Horn. No negative votes. Motion carried. POLICE ADVISORY COMMITTEE: Richard Wing and Charles Robbins presented the committee report to the Council. The report encompasses a detailed analysis of alternative approaches to law enforcement including cost implications of each of the alternatives. Councilman Neveaux moved the adoption of the report as submitted by the Police Advisory Committee with their recommendations 1-8 and direct that the Mayor be authorized to assume leadership in this role and appoint the liaison committee as suggested by the committee in their recommendation #5 and that this be done during the month of July. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Horn. No negative votes. Motion carried. LOTUS TRAIL DRAINAGE, INFORMAL HEARING: Bill Monk, City Engineer, presented the feasibility study. The total estimated cost of the improvement is $27,079 which would be assessed to benefitting properties. The following interested persons were present: Lewis Woitalla Foster Janich Len Orloski Bob and Gloria Wiest Andy Borash Russell Tenney Stan Cronister Steven Oien The meeting was opened for comments from those in attendance. Lewis Woitalla - About 5% of my lot drains to this property. The rest drains the other way. Why did the City issue that man a permit to build that house in the bottom of the natural drainage system which has drained there for over 50 years? The guy that builds a house in an area like that, he is supposed to provide himself a way of rerouting this natural water drainage. This isn't supposed to be assessed to other people for him to gain himself some benefit. Foster Janich - That water has been draining there long before I even moved in there. I have been there over 40 years myself. Even before the roads were paved the water came down there and went under the road and down that way. I can't see that we are justified in being assessed for Romething that was already there. It doesn't make sense to me. I think that the party that built there is responsible to take care of that runoff. He was aware of it before he ever started building there. Russell Tenney - Take your ordinary building, you don't go out and build a house in a dry creek bed, do you? That's what this guy did. I think it was a fast buck artist that moved in there and I think that whoever was in charge should never have let a permit go in there. Stan Cronister - I was aware of it when I bought that property and in checking with the builder I was very concerned, Windsor Realty. They assured me I I I I I I Council Meeting July 13, 1981 -3- that they were going to take care of that. I would love to see Windsor do it personally because I think they should. We are caught up here in a legal situation and it is unpleasant. Russell Larson - I don't think the City is in a position to delay any further. I think that we have a critical situation there so far as from the Engineer's reports to us, I think the City should move with all deliberate speed to take corrective action. If we delay and attempt to recover from Windsor or from Hauptmann or from whomever developed down there you are going to be bogged down in courts, you are going to have those customary delays and expenses and that's going to add to the problem. I join with Bill (Monk) in recommending that you conduct a public hearing. Len Orloski - It seems to me that if it's something that these people have said they were going to do but if there is any possibility that they should be held responsible for it. I certainly feel that there should be some sort of an attempt made to have that done before the individual property owners would be assessed for something like that. Andy Borash - I feel that I have already paid my assessment when you put me road in. If the engineer's weren't smart enough to figure out where the water was running or whoever issued the building permits to know that that water was running down there, it's not my responsibility and I am not going to pay another assessment. Bob Wiest - I feel like Mr. Borash does, there should have been even at the time sewer and water was put in, they had to know that that was a natural drainageway. A culvert should have been put in at that time. Steven Oien - I own the house where the hole is. The way I see it, if the City doesn't spend the money to fix the problem they are going to have to buy my house or what is left of it. I didn't know about the water because we bought it in February or March. Councilman Horn moved to hold a public hearing on August 3, 1981, and authorize the City Engineer to prepare plans and specifications. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Horn. No negative votes. Motion carried. RESOLUTION 81-2lA LOTUS TRAIL STREET IMPROVEMENT: Councilman Neveaux moved to accept the feasibility study and hold a public hearing on August 3, 1981, to consider the improvement of Lotus Trail. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Horn. No negative votes. Motion carried. RESOLUTION NO. 81-21B WEEDS: Mrs Gordon Freeburg was present requesting that the weeds be cut on the property behind their home in Trolls-Glen. She also asked about the uncompleted home on the same property. The City Attorney will prepare a report on this property. WETLANDS ORDINANCE: Mrs. Conrad and Mrs. Sossin were present asking for time on a future council agenda to discuss a proposed wetlands ordinance. The City Attorney has checked into the legal authority of the city and other agencies to regulate the shoreland and wetlands. In 1977 the city adopted Ordinance 65 on an interim basis incorporating the standards established by the Commissioner of Natural Resources under his regulations 82-84. With respect to Lotus Lake, the commissioner designated it as a general development lake. The regulations of the DNR provide that lots served by sewer and water which abut public waters shall be at least 15,000 square feet in area and at least 75 feet in width at the building line and at the ordinary high water mark. The City Attorney will prepare a report for J1.Üy 27 council meeting. Council Meeting July 13, 1981 OUTDOOR ADVERTISING SIGNS: Mr. Dave Odegaard gave a slide presentation on outdoor advertising signs. He asked the council to consider regulation and restriction of such signs instead of prohibition. The sign he is proposing is SS square feet I in size and ~vould like to install one near the intersection of 169/212. Mayor Hamilton stated he would like to have the sign ordinance completed and to the council prior to consideration of the advertising signs. -4- REPLAT OF LOTS 15, 16, 17, 27, 28, AND 29, MINNEWASHTA CREEK SECOND ADDITION: These lots previously were designated either single family or duplex. The developer is requesting that these lots be replatteð for zero lotline homes. The Planning Commission recommended approval subject to the condition that the applicant submit the appropriate hardshell and mylar documents necessary for recording and that the property be assessed additional trunk sewer and water units as per the north service area public improvement project. Councilman Horn moved to approve the replat request as recommended by the Planning Commission. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Horn. No negative votes. Motion carried. LAKE STUDY COMMITTEE APPOINTMENT: Councilman Horn moved to accept the recommendation of the Lake Study Committee and appoint Laurie Moran to fill the vacancy due to the resignation of Jack Hungelman. Motion seconded by Councilwoman Swenson. The following voted in favor: }1ayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Horn. No negative votes. Motion carried. CONSENT AGENDA: Mayor Hamilton asked if any member wished to discuss items on the consent agenda. The City Manager requested that item (b) Firearms Ordinance be I removed for further clarification. As no other comments were received, Councilman Horn moved to approve the following items pursuant to the City Manager's recommendations: a. Resolution Authorizing Parking Lot Clean-Up. RESOLUTION #81-22. c. Lake Ann Park Extension and Boat Access, Authorize Execution of Grant. d. Near Mountain Development, Clarify Preparation of Plans and Specifications. e. Resolution Authorizing Submittal of Comprehensive Plan to Metropolitan Council. RESOLUTION #81-23. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Horn. No negative votes. Motion carried. FIREARMS ORDINANCE: This ordinance will be submitted to the council at a future meeting. DOWNTOWN REDEVELOPMENT CONTRACTS: Councilman Horn expressed concern that the HRA has no choice as far as where any of the development outside the ring road, such as the home center, can go. The City has already implied through the development contract that the home center can be across the ring road on the Bloomberg property. LOTUS LAKE ESTATES CONDITIONAL USE PERMIT AMENDMENT: Mayor Hamilton noted that the Lotus Lake Estates Association is still in violation of the conditional use permit. Staff was directed to cancel the public hearing until conditions of the conditional use permit are met. I COUNTY BOARD OF EQUALIZATION MEETING: Mayor Hamilton gave a report on the Board of Equalization meeting that was held July 13. Councilwoman Swenson moved to adjourn. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Horn. No negative votes. Meeting adjourned at 12:00. Don Ashworth, City Manager