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1981 08 03 I I I REGULAR CHANRASSEN CITY COUNCIL MEETING AUGUST 3~ 1981 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. APPROVAL OF AGENDA: Councilman Horn moved to approve the agenda as presented with the following additions: Police Referendum, Colonial Grove Second Addition and items b. Drainage Swa1e Improvement Project, CPT Property, c. Water Surface Usage Ordinance Including Beach Lot Regulations, e. Requirement to Connect to Municipal Sewer and Water Systems, and f. Firearms Ordinance 9B of the Consent Agenda to be discussed separately. 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 CARVER BEACH DRAINAGE Mayor Hamilton called the hearing to order at 7:35 p.m. Several interested persons were present. Mayor Hamilton stated that due to an error in the legal advertisement the City Attorney has advised that the hearing be rescheduled for another date. Councilman Neveaux suggested that the improvements be completed by the city maintenance department to keep the costs down. He further stated that perhaps a portion of the project (culvert under Lotus Trail) should be a part of the Lotus Trail project. The City Manager explained that this project cannot be done by city labor because there is a maximum under State Law in which contracts can be considered. The cost of the project would exceed the limits. City personnel could complete a portion of the project such as hauling gravel. Councilman Geving asked if the watershed district might contribute to a portion of the project. Bill Monk stated he had talked with Bob Obermeyer of the watershed district staff and he felt the district does not see any way to participate in the cost. Bill Monk - We have reviewed the possibility of doing some of the work with city maintenance forces and it does look like it is a worthwhile suggestion and we will be able to save some money by doing that. We can take that into account as we bid as an alternate, removing some of the work, gravel, fill being brought in, seeding, stabilization of the slope after the work is done, that type of work. Thus reducing the costs. It would be something to be looked at. We can look at it in more detail and make a presentation at the public hearing. Councilman Geving - I am asking staff to write correspondence to the watershed district asking them to participate in this project and I expect a response before we meet again one way or the other so that I know how they stand on this issue. RESOLUTION #81-25: Councilman Horn moved the adoption of a resolution to reschedule the Carver Beach Drainage Public Hearing for August 17 and authorize the City Engineer to advertise for bids and further to prepare alternatives for constructing this project. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Geving, Neveaux, and Horn. No negative votes. Motion carried. PUBLIC HEARING LOTUS TRAIL STREET IMPROVEMENT PROJECT Mayor Hamilton stated that due to an error in the legal advertisement the City Attorney has advised that the hearing be rescheduled for another date. Councilman Horn moved to reschedule the Lotus Trail Street Improvement Public Hearing for August 17, 1981. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Council Meeting August 3, 1981 -2- Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. CONTINUATION OF PUBLIC HEARING HELD JULY 27, 1981 I ESTABLISHMENT OF ECONOMIC DEVELOPMENT DISTRICT Mayor Hamilton called the hearing to order. Peter Beck, CPT, was present. The City Manager stated that the hearing was continued to receive comments from Eden Prairie School District and Hennepin County. The City has received no comments from either to date. Councilman Neveaux moved to close the public hearing. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. DRAINAGE SWALE IMPROVEMENT, CPT PROPERTY: Council members discussed a letter to Mr. William Sault of the Riley Purgatory Creek Watershed District Board of Managers. CPT representatives submitted a resolution for Council approval to go to the watershed district. Council members generally agreed to send a letter instead of the suggested resolution. ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT DISTRICT: RESOLUTION #81-26: Councilman Horn moved the adoption of a resolution approving a modification of the Tax Increment Financing Plan and the use of Tax Increment Financing for the Tax Increment District No. 2 with item #12 to read: That the Municipality hereby does not elect the method of tax increment computation set forth in Section 273.76, Subd. 3, clause (b) of Minnesota Statutes. Resolution seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. I MINUTES: Councilman Neveaux moved to approve the July 13, 1981, Council Motion seconded by Councilwoman Swenson. The following voted in favor: Hamilton, Councilwoman Swenson, Councilmen Neveaux and Horn. Councilman abstained. Motion carried. minutes. Mayor Geving Councilman Neveaux moved to approve the July 20, 1981, Council minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. Councilman Geving moved to note the July 7, 1981, Park and Recreation minutes. Motion seconded by Councilman Horn. The following voted in Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. votes. Motion carried. Commission favor: Mayor No negative Councilman Neveaux moved to note the July 23, 1981, HRA minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. Council members want to see the attendance records of HRA members for 1981 and also want their attendance policy if there is one. I CONSENT AGENDA: Mayor Hamilton asked if council members wished to discuss any item on the consent agenda. Item a.was previously deleted from the agenda. Items b., c., e., and f will be discussed separately. As no other comments were received, Councilman Horn moved to approve the following consent agenda items pursuant to the City Manager's recommendations. I I I Council Meeting August 3, 1981 -3- d. Park/Street Maintenance Position. Martin Walsh. g. North Service Area. Set Public Hearing Date. August 31, 1981. ~eS')¡I.\-\-;a¡) 21¡-~bA h. Special Meeting Date. Tour Public Facilities Prior to Final Payment. August 8, 1981. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. PROPOSED WATER SURFACE USAGE AND RECREATIONAL BEACH LOT ORDINANCES: Councilman Neveaux moved to hold a public hearing on September 29, 1981, to hear comments on the proposed ordinances. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. REQUIREMENT TO CONNECT TO MUNICIPAL SEWER AND WATER, SENIOR CITIZEN DEFERMENT POLICY: Foster Janich and C. A. MacLeod are seeking Council approval to not connect to city sewer and water and,therefore,not be billed. Both have submitted financial statements and currently their sewer and water assessments are deferred. Staff was directed to verify amounts shown on the financial statements with current income tax statements. If approved by staff, Councilman Neveaux moved the acceptance and deferment for Foster Janich and C. A. MacLeod. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. FIREARMS ORDINANCE 9B: Councilman Horn moved to approve an ordinance prohibiting the discharge of firearms and weapons within the City of Chanhassen and for the promotion of safety and general welfare of the people, and repealing Ordinance 9A. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. MICHAEL SORENSON: Mr. Sorenson appeared before the Council to present his disapproval of the negotiations by the HRA for his property at the southeast corner of Great Plains Blvd. and West 79th Street. Council members generally agreed that they had nothing to do with the negotiations or the price offered and told Mr. Sorenson to attend the next HRA meeting and make his presentation to them. NORTH SERVICE AREA, REQUEST TO RECONSIDER SPECIAL ASSESSMENTS: RUBY HUNSINGER: This property is located at the northwest corner of Kings Road and Minnewashta Parkway. One lateral unit was assessed in 1973 and one lateral and two trunk units were assess~d in 1980. John Hunsinger, representing Ruby Hunsinger, has requested that the property be subdivided along Minnewashta Parkway into two lots. The City Attorney has researched this property and found that Kings Road is actually located on the Hunsinger property and reduces the frontage to well below that needed for two lots. Sewer and water lines to serve the property are located in Minnewashta Parkway. Councilman Neveaux moved that one lateral and one trunk unit that was assessed in 1980 be removed for the Ruby Hunsinger property because of the lack of adequate frontage as a result of incorrect measurements at the time of the placing of the assessment. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. DANIEL PLAZIAK: This property is located at the southeastern corner of Koehnen Circle and Cardinal Avenue and was assessed one full unit in 1973 and one full unit in 1980. The property is 88'x300' or 26,400 square feet which is lower than the 30,000 square feet for two buildable units. Council Meeting August 3, 1981 -4- Councilman Neveaux moved that the 1980 assessment placed against the Daniel Plaziak property (Parcel 25-03-000-0116-000) be removed and the records so adjusted. Motion seconded by Councilwoman Swenson. The following voted in Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. negative votes. Motion carried. favor: No I HANUS DEVELOPMENT CONTRACT: RESOLUTION #81-27: Councilman Geving moved the adoption of a resolution to install 1Ino parking" signs along both sides of West 79th Street from Great Plains Blvd. east to the Hanus property line. Resolution seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilw~n Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion a~. --- Councilman Neveaux 0 set the date of August 24, 1981, at 8:00 p.m. as a meeting b City Council to consider the revocation of the conditional use permit e to Donald Hanus for his property adjacent of Highway 5 and that notice be sent to Mr. Hanus by certified mail of this hearing and that he be invited to attend and show cause why this permit should not be rescinded. A copy of said letter to be sent to the mortgage company. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. PROPERTY ASSESSMENT CONTRACT, 1982: The City Attorney was directed to render a legal opinion as to what legal authority the Council has to reject, modify or accept the contract. POLICE REFERENDUM: No date has been set. COLONIAL GROVE SECOND ADDITION: Councilman Geving requested staff check the placement of homes on the lots on the south side of Sandy Hook Circle to make sure the developer is following the approvals given by other agencies. I DRAINAGE UNDER HIGHWAY 101: The City of Eden Prairie has approved a subdivision north of The Chanhassen Meadows. A culvert has been installed and water drains across property near 7510 Chanhassen Road. The state has issued a permit to allow for the extension of the culvert. Councilman Geving following voted in Geving, and Horn. moved to adjourn. Motion seconded by Councilman Horn. The favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, No negative votes. Meeting adjourned at 11:40 p.m. Don Ashworth City Manager I