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1981 12 07 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING DECEMBER 7, 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. RESOLUTION, SOLID WASTE LANDFILL FACILITY, SITE D: Council members discussed the proposed resolution and requested that the following items be included: 1. Close proximity to City Well Field #4. 2. Significant amount of hardwood cover in the area. 3. Adjacent to the approved planned residential districts of Lake Susan West and Lake Susan South with expected populations of 2,800 and 1,400 respectively. 4. Prevailing wind pattern will cause odor problems for nearby existing and proposed residences. RESOLUTION #81-42: Councilwoman Swenson moved the adoption of a resolution in opposition to the selection of a site in Chanhassen for a solid waste landfill facility with the above four items included. Resolution seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. APPROVAL OF AGENDA: Councilman Horn moved to approve the agenda as presented with the additions of Chanhassen Postal Service, Greg Bernhardt litigation, and Minnetonka, Inc. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. MINUTES: Councilman Geving moved to approve the November 2, 1981, Council minutes. Motion seconded by Councilman Horn. The following voted in favor: Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. Mayor Hamilton abstained. Motion carried. Councilman Horn moved to approve the November 16, 1981, Council minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwomar Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. CONDITIONAL USE PERMIT, HANUS AUTO AND TRUCK FACILITY: Don Hanus was present. Fence ~ebbing has been installed along the north and south fence lines as requested by the Council but it is not 100% opaque. Council members felt that the exact footage from the southerly fence line into the drainage ditch along State Highway 5 should be setforth for maintenance by Mr. Hanus. Council members requested Mr. Hanus find some other type of webbing that would fully screen. It was suggested that perhaps the existing webbing could be used on the north side. Mr. Hanus asked that the Council consider employee parking along West 79th Street until he can get the dirt removed from his back lot to make an employee parking lot. Councilman Geving moved to extend the time for parking on the south side of West 79th Street to April 1, 1982, at which time there will be no parking. Motion seconded by Councilwoman Swenson. Councilman Geving voted in favor. Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Horn voted no. Motion failed. The amended conditional use permit language will be presented at the December 21 council meeting. SUBDIVISION REQUEST, 1611 WEST 63RD STREET: Mr. Russ Stoddart was present requesting the Council approve a three lot subdivision of his 2.71 acre tract of land. The Engineer recommended the following two conditions for drainage in the area. 1. The existing ditch along the front of the proposed lots are to remain with culverts placed under driveways to maintain flow. This will stop runoff from the lots flowing onto the street and picking up sediment. Council Meeting December 7, 1981 -2- 2. A baffle weir structure (design to be approved by the City) shall be constructed by the applicant at the inlet to the culvert under Yosemite to eliminate any adverse effects to downstream properties due to the increased runoff from the proposed lots. I Council members expressed concern about landlocking the property to the west and suggested that Mr. Stoddart dedicate l6~ feet along the existing cartway for a future street. This would also insure access to the western part of Mr. Stoddart's property. Mr. Stoddart did not agree ~vith the idea of dedicating l6~ feet. Councilman Geving moved to table seconded by Councilman Neveaux. Councilwoman Swenson, Councilmen Motion carried. action until more information is submitted. Motion The following voted in favor: Mayor Hamilton, Neveaux, Geving, and Horn. No negative votes. Mr. Stoddart was instructed to follow the Subdivision Ordinance. The City Engineer was instructed to determine if Mr. StoddartJslwesterly property is buildable. REMODELING FIRE STATION #1: Dale Gregory and Frank Kurvers were present with a proposal to remodel Fire Station,#ld. RESOLUTION #81-43: Councilman Geving moved the adoption of the following resolution. WHEREAS the City Council hereby finds that the General Obligation Bond Referendum of November 6, 1979, contemplated that a portion of the bond proceeds could be utilized for removal of the City Administrative Offices from the main fire station building and the remodeling of the space it so vacated, NOW, THEREFORE BE IT RESOLVED that a $16,021 sub-account is hereby created in the public works construction account #462 for the purposes of remodeling the main fire station. I Resolution seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. The City Treasurer ~vas instructed to verify the $16,021. Dale Gregory explained that the fire department had Richard Vohnoutka inspect the roof and he proposed adding 1~'1 of urethane in the roof over the office portion of the building and l~" over the apparatus room at a cost of $13,440.00. An additional inch of insulation over the apparatus room would be an additional $3,000. Mayor Hamilton felt that the payback in reduced gas bills would not warrant the additional insulation. Mayor Hamilton felt that replacing two overhead doors, storm windows, and replacing the existing furnaces should be considered maintenance items and paid for out of the fire department budget. Frank Kurvers asked if there might be some way for the fire department to receive a fee, possibly at the time of building permit issuance similar to the park charge, on commercial/industrial buildings in the tax increment district to be put toward the purchase of new equipment or other fire department priorities. Fire department members were instructed to prepare an estimated budget for what they are going to spend on the renovation and present it to the Council. SHORELAND MANAGEMENT SETBACK VARIANCE REQUEST, 3607 RED CEDAR POINT DRIVE: Mike Fowler of Fowler-Hanley, Inc. was present. The owner is requesting a l7~ foot I Shoreland Management setback variance for the construction of a deck to the existing residence. The Board of Adjustments and Appeals recommended approval of the variance conditioned that the deck not extend further than eight feet from the rear of the existing residence and that it be uses for purposes none other than that of a deck. I I I Council Meeting December 7, 1981 -3- Councilman Geving moved to approve the l5~ foot Shoreland Management setback variance for construction of a deck as shown on sheet 1 of the Fowler-Hanley, Inc. rendering dated September 18, 1981, with the Planning Commission and Board of Adjustments and Appeals recommendations that the deck is not to be extended further than eight feet from the rear of the existing residence and that it is to be used for the purposes none other than the deck and not to at any time in the future be enclosed as a part of the existing residence. Staff is directed to send to those people who responded to this variance a letter of the approval. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilmen Geving and Horn. Councilwoman Swenson and Councilman Neveaux voted no. Motion failed. 4/5 vote required. SUBDIVISION VARIANCE REQUEST, 6951 HAZELTINE BLVD. V. C. Wirtz was present seeking approval to subdivide a tract of land into two lots. Municipal sewer is not available to the property. The Planning Commission recommended denial of the request. Councilman Geving moved to deny the subdivision variance request for the reasons stated by the Planning Commission and as shown in the letter from the City Planner to the City Council dated December 2, 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. PRELIMINARY PLAT REVIEW, 9041 LAKE RILEY BLVD. AND LOTS 1, 2, AND 3, SHORE ACRES: Rick Sathre, Robert and Tom Rogers were present. Mr. Robert Rogers is requesting approval to replat Lots 1, 2, and 3, Shore Acres and the property adjacent to the north into three residential lots. Two sewer units have been assessed. The Planning Commission recommended denial based on inadequate lot size and that only a maximum of two lots be permitted. Councilwoman Swenson moved to approve variances to Ordinances 33, 47, and 65 and approve the preliminary plat request of Mr. Robert Rogers for Lots 1, 2, and 3, Shore Acres and the parcel to the north with the condition that if an additional sewer stub is necessary it will be installed at the owners expense. Mr. Rogers will resolve the issue of the location of the gas line with the gas company. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Geving. Councilman Horn voted no. Motion carried. FINAL PLAN AMENDMENT REQUEST, LOTS 2 AND 3, BLOCK 1, AND LOT 1, BLOCK 3, SARATOGA FIRST ADDITION: Tom Klingelhutz was present requesting approval to replat three duplex lots into six lots for construction and sale of double-townhouses on individual lots. The Planning Commission recommended approval based on the condition that private covenants providing for a common wall agreement be furnished to the City Attorney for approval. The City Planner explained that the developer wanted to accomplish the replatting via a lot split as opposed to a replat and a condition to that would be that the lot split description be approved by the City Attorney. Council members did not disagree with the request. Councilman Horn moved to approve the replat as requested. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Geving, Neveaux, and Horn. No negative votes. Motion carried. SUNDAY INTOXICATING LIQUOR SALES, ORDINANCE AMENDMENT: Bill McRostie of Bloomberg Companies was present. Councilman Horn moved to adopt proposed Ordinance 2-G changing the time for Sunday Sales from 12 noon to 10:00 a.m. and waive placing the proposed ordinance on first reading. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. CONSENT AGENDA: Councilman Horn moved to approve the consent agenda pursuant to the Council Meeting December 7, 1981 -4- recommendation of the City Manager. a. Set Special Meeting Date, Interview CPA Firms, 1981 Audit and Review Updated Position Classification Plan. December 14, 1981. I Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Geving, Neveaux, and Horn. No negative votes. Motion carried. AMOCO OIL STATION SIGN PERMIT APPLICATION: The Sign Committee recommended approval of the permit with the conditions that the location of the newly combined business identification and price sign is to be not more than 66 feet directly south of the southeast corner of the building and that the lower portion of the sign be not more than 18 square feet in sign display area. The two existing free-standing signs must be removed. Councilman Neveaux moved to adopt the recommendation of the Sign Committee as to the location of the Amoco sign. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. SIGN COMMITTEE: Council members discussed the necessity of continuing the Sign Committee. It was felt that staff could handle the same functions that the Sign Committee does now. Councilwoman Swenson proposed amending the sign ordinance to not allow outdoor advertising signs along the north side of Highway 5. Staff will prepare an amendment. Councilwoman Swenson moved to disband the Sign Committee. The City Manager will prepare letters, under the Mayor's signature, to each member. Motion seconded by I' Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwomab Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. C}~NHASSEN POSTAL SERVICE: The Chanhassen Chamber of Commerce has written a letter to the Postmaster endorsing Chanhassen mailing addresses. Councilman Geving encouraged Mayor Hamilton to write a letter. MINNETONKA, INC. At the request of Klingelhutz/Cravens letter of intent to Minnetonka, Inc. stating the City's have been discussed so that they know where they stand. and no action taken. the City has position on This letter written a items that was discussed COUNTY ASSESSING CONTRACT: Councilman Horn moved to pay $1.00 for assessing for 1982. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. POLICE LIAISON COMMISSION: Council members discussed the proposed ordinance establishing a Police Liaison Commission and made the following changes: Section 2 (1) last sentence to read. One Commission member shall be a staff supervisor representing and designated by the policing agency. Section 4 (c) to read. Recommend change in present contract rate program and continually monitor cost of other police protection alternatives. I Councilman Neveaux moved to place on first reading an ordinance establishing a police liaison commission. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. I I I Council Meeting December 7, 1981 -5- STATE CRISIS, EFFECTS ON CITIES: Mayor Hamilton urged council members to write letters to State Representatives and the Governor. The City Manager will be writing and contacting the legislators dealing with the questions of stabilization fund, some means to reduce the State deficit and cutbacks in local government aid for 1982. GREG BERNHARDT LITIGATION: The Court awarded $800 in damages. Council members decided not to appeal the decision. Councilman Horn moved to adjourn. Motion seconded by Councilwoman Swenson. following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Horn, and Neveaux. No negative votes. Meeting adjourned at 12:15 a.m. The Geving, Don Ashworth City Manager