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1978 06 05 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING JUNE 5, 1978 Mayor Hobbs called the meeting to order at 8:00 p.m. with the following members present: Councilmen Pearson, Neveaux, Waritz, and Geving. The meeting was opened with the Pledge to the Flag. Hud Hollenback, Craig Mertz, Russell Larson, Bill Brezinsky, and Bob Waibel were present. APPROVAL OF AGENDA: Councilman Neveaux moved to approve the agenda as presented. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. AWARD OF BIDS - REFINANCE BONDS OF bid tabulation sheets as presented were received: Bidder First National Bank of Minneapolis BancNorthwest Continental Bank The First National Bank of Chicago Dain, Kalman & Quail, Inc. The First National Bank of St. Paul 1978: Council members reviewed the by Bob Sanders. The following bids Interest Rate 5.5198% 5.5603% 5.5639% RESOLUTION #78-27: Councilman Neveaux moved the adoption of a resolution authorizing the sale of $2,390,000 general obligation refunding improvement bonds of 1978 to First National Bank of Minneapolis and BancNorthwest at an interest rate of 5~5198%. Resolution seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, waritz, and Geving. No negative votes. Motion carried. MINUTES: Councilman Pearson moved to approve the April 24, 1978, Council minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. Councilman Waritz moved to approve the May 15, 1978, Council minutes. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. Councilman Pearson moved to approve the May 22, 1978, Council Motion seconded by Councilman Geving. The following voted in Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. negative votes. Motion carried. minutes. favor: No Councilman Geving moved to note the May 10, 1978, Planning Commission minutes. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. Councilman Geving moved to note the May 24, 1978, Planning Commission minutes. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. Councilman Neveaux moved to note the April 25, 1978, HRA minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. Council Meeting June 5, 1978 -2- Councïlman Waritz moved to note the May Commission minutes. Motion seconded by following voted in favor: Mayor Hobbs, Waritz, and Geving. No negative votes. 2, 1978, Park and Recreation Councilman Neveaux. The Councilmen Pearson, Neveaux, Motion carried. Councilman Geving moved to note the May Commission minutes. Motion seconded by following voted in favor: Mayor Hobbs, Waritz, and Geving. No negative votes. 16, 1978, Park and Recreation Councilman Pearson. The Councilmen Pearson, Neveaux, Motion carried. Councilman Pearson moved to note the May Commission minutes. M.otion seconded by following voted in favor: Mayor Hobbs, Waritz, and Geving. No negative votes. 23, 1978, Park and Recreation Councilman Geving. The Councilmen Pearson, Neveaux, Motion carried. Councilman Geving moved to note the May 23, 1978, Ecological Committee minutes. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. I DUNN AND CURRY - REQUEST TO CHANGE PUBLIC IMPROVEMENT AND BUSINESS PARK PHASING AND SECURITY AGREEMENT: JUlius Smith, Ed Dunn, Rod Hardy, Stelios ASlanidis, Mr. and Mrs. Victor Schmieg, and Don Schmieg were present. Dunn and Curry Real Estate Management, Inc. etal are petitioning to change the project to provide immediate sewer and water service and street access to the area west of proposed County Road 17 and north of the railroad tracks instead of the area east of new County Road 17 and north of Lake Susan. The total project costs would be reduced from $2,644,300 to $2,400,766. Mr. Vic Schmieg stated he is concerned about County Road 17 and the right of entry the city is requesting for the installation of a water main. He feels the city should purchase the right-of-way for County Road 17 and then the right of entry would not be needed. He verbally agreed to the waiving of a public hearing. Mr. Schmieg requested the Council consider deferring his assessments. Councilman Pearson moved to table action on this item to June 19 and authorized the attorney to proceed with appraisals for the right-of-way alignment of County Road 17. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. BEACH LOT - ALLEN GRAY, SUNNYSLOPE ADDITION: Staff has received a request from Mr. Gray asking that his application for a conditional use permit on Lot 37 be indefinitely withdrawn. Councilman Neveaux moved to dismiss the petition from Allen Gray and that he be notified of this action and that if he wants to pursue this he will have to restart the process from the initial point. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. PRELIMINARY PLAT AND DEVELOPMENT PLAN, ROBERT RITTER - MINNEWASHTA CREEK: Mr. Ritter was present requesting approval for subdivision and rezoning of Minnewashta Creek located between County Road 15 and Highway 7. He is proposing 36 residential lots of which six are proposed for· duplexes. The Planning Commission held a public hearing I I I I I Council Meeting June 5, 1978 -3- on the proposal and recowÆended approval. The City Attorney has inspected the covenants and restrictions and found them to be satisfactory. Councilman Pearson moved to approve the rezoning from R-IA to P-l of Outlot A, Minnewashta Creek First Addition (Planning Case P-499). Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. Councilman Neveaux moved to approve the preliminary plat and preliminary development plan for Minnewashta Creek Second Addition and direct city Staff to prepare a development contract with the developer. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. PRELIMINARY PLAT AND DEVELOPMENT PLAN FOR KELLYNNE ADDITION - JAMES MC CLEARY: Mr. McCleary is requesting approval to subdivide 4.7 acres on the southwestern shore of Lake Minnewashta into seVen residential lots and to approve a conditional use permit for Outlot A as a private beach lot. The Planning Commission held a public hearing on the proposal and recommendea approval. Councilman Neveaux moved to send this back to the Planning Commission for clarification of lot width at the setback line and also the variance from the Subdivision Ordinance that states that lot depth shall not be greater than two times the width. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Pearson, Geving, and Waritz. No negative votes. Motion carried. PRELIMINARY DEVELOPMENT PLAN - THE PRESS, INC. This will be on the June 19th Council agenda. PRELIMINARY DEVELOPMENT PLAN - HANSEN AND KLINGELHUTZ: This will be on the June 12th Council agenda. FRONT YARD SETBACK VARIANCE - NELSON "BUD" ANDRUS: Mrs. Andrus was present requesting a l3~ foot front yard variance to construct a home on Lot 3, Blqck 1, Trolls Glen First Addition. The Board of Adjustments and Appeals held a public hearing and voted to recommend approval subject to the execution of an agreement between the City and the architect and/or owner that the City is not responsible for any and all hazards intrinsic to the property. Councilman Neveaux moved to grant the variance request in concurrance with the conditions stated by the Board of Adjustments and Appeals at their public hearing of May 16, 1978, on the front yard setback variance request for Nelson "Bud" Andrus at Lot 3, Block 1, Trolls Glen First Addition. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. VARIANCE REQUEST - LARRY KERBER: Mr. Kerber was present requesting variances to add to his existing house and garage on Lot 13, Block 2, Scholer's Second Addition. The variances requested are as follows: a) lot area variance of 2,000 square feet; b) side yard variance of Council Meeting June 5, 1978 -4- four feet; c) front yard variance of 14 feet. The Board of Adjustments and Appeals held a public hearing and recommended approval subject to Mr. Kerber not changing the garage entrances to the north. This would involve a separate consideration because of the involvement of public right-of-way. I Councilman Geving moved to grant the variances for Mr. Larry Kerber, Planning Case P-545, as presented. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. VARIANCE REQUEST - MARJORIE GHERITY: Mr. Gherity was present requ~sting variance approval to construct a home on Lots 3060-3066, Carver Beach. Variances are requested to the lot area requirement and to the corner lot frontage requirements. The Board of Adjustments and Appeals held a public hearing and voted to recommend approval. Councilman Neveaux moved to grant the request for variances for Marjorie Gherity on Lots 3060 - 3066, Carver Beach allowing them to construct a house on a combined lot size of 11,436 square feet. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. Councilman Pearson moved to adjourn. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Meeting I adjourned at 11:30 p.m. Don Ashworth City Manager I