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1978 06 19 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING JUNE 19, 1978 Acting Mayor Neveaux called the meeting to order at 8:00 p.m. with the following members present: Councilmen Pearson 1 Waritz, and Geving. Mayor Hobbs was absent. APPROVAL OF AGENDA: Councilman Pearson moved to approve the agenda with the deletion of the following three items: Kennel License Requirements, Amend Ordinance. Drainage Progress Report, Frank Kurvers Property. Valhalla Drive Vacation Request, South of Pleasant View Road. Add Sign Ordinance discussion and Recreational Vehicle discussion. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. Persons interested in the Kennel License Requirements, Drainage Progress Report, and Valhalla Drive Vacation will be notified of the date these will appear on a council agenda, possibly July 17, 1978. PUBLIC HEARING VACATION OF A PORTION OF LAKE RILEY BLVD. Acting Mayor Neveaux called the hearing to order at 8:20 p.m. The following interested persons were present: Paul and Mildred Swanson, Route #1, Box 390AA, Annanda1e Mr. and Mrs. John Skranka As a part of the Lake Riley Sewer Improvement Project, additional right~of~way was obta~ned adjacent to Lyman Blvd. to correct vertical and horizontal alignment of the road. The purpose of this hearing is to consider vacating a portion of Lake Riley Blvd. east of the new road alignment. Councilman Waritz moved to close the public hearing. Motion seconded by Councilman Pearson. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Waritz, and Geving. No negative votes. Hearing closed at 8:25 p.m. VACATION OF A PORTION OF LAKE RILEY BLVD. RESOLUTION #78-28~ Councilman Pearson moved the adoption of a resolution approving the vacation of a portion of Lake Riley Blvd. as described in thé Engineerfs report dated May 19, 1978. Resolution seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. The cost of this street vacation will be qonsidered as a part of the Lake Riley public assessment hearing. MINUTES: Councilman Pearson moved to approve the June 5, 1978, Council minutes. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. Councilman Waritz moved to approve the June 12, 1978, council minutes including the Board of Review. Motion seconded by Acting Mayor Neveaux. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. Council Meeting June 19, 1978 -2- PRELIMINARY DEVELOPMENT PLAN, THE PRESS, INC., Roger Drewing, Jerry Korsunsky, and Warren Beck were present. The Press, Inc. is I proposing to construct a 66,~32 square foot printing and office warehouse facility on 9 acres located on the north side of Highway 5 in Hennepin County. The Planning Commission reviewed the plans and held a public hearing on May 10th and recommended the Council approve the preliminary development plan as submitted. Two buildings are proposed with separate parking and entrances. The buildings will be built in phases with the 23,088 square foot building being constructed first. Staff expressed concern with sewer and water availability and the access road. Bill Brezinsky gave a brief report on the location of the proposed frontage road. Mr. Beck stated they have been pursuing a temporary access onto State Highway 5 with MnDOT and expect a decision next week. This temporary access would occur at the existing driveway to the farmstead and serve this property until the frontage road were built. Councilman Pearson moved to grant preliminary development plan approval contingent upon access from Highway 5 acceptable to the city and sewer and water availability. The city reserves the right to withdraw final approval following the public hearing on July 17, 1978. Motion seconded by Councilman Waritz. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. BUILDING MORATORIUM ORDINANCE - HRA: Councilman Geving moved final reading to ~xtefid the Moratorium Ordinance to December 3l} 1918, as recommended by the BRA. Motion seconded byCQuncilman Pearson. The following voted in favor: Acting Mayor Neveal,J.x, Councilmen Pearson, Geving, and Waritz~ No negative votes. Motion carried. I WATER SKI SLALOM COURSE ON LOTUS LAKE: Lance Fischer was present requesting permission to install a slalom course on Lotus Lake to be used during restricted periods of time such as week days. The Council generally felt Lotus Lake is to small and narrow for a water ski slalom course. This item will be a future agenda item. BILLS: Councilman Waritz moved to approve the June 19, 1978, bills as presented. Motion seconded by Councilman Pearson. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, . and Waritz. No negative votes. Motion carried. SCHEVENIUS SUBDIVISION, PLEASANT VIEW ADDITION: John Schevenius and Joe Smith were present requesting approval to combine three existing lots into two residential lots. The property is located between . Pleasant View Road and Iroquois. The Planning Commission held a public hearing and recommended approval. Mr. Schevenius is also requesting the Council delete one sewer and water assessment in the amount of $6,207.00. Councilman Geving moved to approve the Schevenius subdivision request in Pleasant View Addition and concurrently deny the deletion of the assessment request subject to the Attorney and Engineer approving the legal description. Motion seconded by Councilman Pearson. The following voted in favor: Acting Hayor Neveaux, I I I I Council Meeting June 19, 1978 -3- Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. ASSESSMENT DEFERMENT REQUEST - GORDON JULIUS: Mr. and Mrs. Julius of 330 Pleasant View Road were present requesting the Council defer two sewer and water assessments. Soil borings were taken on the property by Boe Engineering. The results of these soil borings were given to the City Engineer for his review. The Engineer determined that two additional homes could be built on the property and could not recommend a change in the assessment. Councilman Pearson moved to deny the request to defer two sewer and water assessments. Motion seconded by Councilman Waritz. The following voted in favor: Acting Mayor Neveaux, 'Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. JACOBSON REPLAT, IVY ROAD AND NEZ PERCE, CARVER BEACH: Mr. Jacobson is proposing to subdivide Lots 1622-1626, 1632, 1633-1637, west 10~ of Lot 1638, east 10' of Lot 1638, 1639-1643, 1627~1631, 1644-1648 into four residential lots. This proposal does include the vacation of a portion of Hawthorne Road. Staff recommended that Hawthorne Road should be vacated to a point perpendicular to. the eastern lot line of Lot 1648. The Planning Commission held a public hearing on the proposal and recommended approval subject to: The applicant submit a request for street vacation. The applicant prepare and file a hardshe11 for the proposed plan immediately upon Council decision regarding the vacation of Hawthorne Road, and The applicant remit to the City Treasurer an escrow deposit in the amount of $300.00 to assure that said hardshe11 is drafted and filed. The Planning Commission further recommended that lot area variances and corner lot frontage variances be included in the Council decision. Councilman Pearson moved to approve the Jacobson preliminary replat with the stipulation that Lots 1633-l637 and west lO' of Lot 1638 can be approved for a building permit assuming it meets the city setback requirements and that Lots l622-l626 + Lot l632 can be approved for a building permit assuming it meets the city setback requirements. Both owners will have to sign the hardshe1l. Approval is granted subject to the conditions as stated above in the Planning Commission recommendation. Motion seconded by Councilman Waritz. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. SCHNEIDER AGENCY SUBDIVISION: Charles Schneider was present requesting approval to convey 49,050 square feet by metes and bounds from the . Schneider ARency to the State Bank of Chanhassen. This property will be used for additional parking and possibly drive up lanes. Councilman Geving moved to approve the subdivision of 49,050 square feet by metes and bounds by the Schneider Agency to the State Bank of Chanhassen. Motion seconded by Councilman Pearson. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Waritz, and Geving. No negative votes. Motion carried. Council Meeting June 19, 1978 -4- CONDITIONAL USE PERMIT AND VARIANCE REQUEST, MOBIL SERVICE STATION: John Havlik is proposing to construct a self-service gasoline dispensing island at the Hobil Service Station located at 580 I West 78th Street. The Planning Commission held a public hearing and recommended approval as outlined by the Board of Adjustments and Appeals at its public hearing for a variance request. Mr. Havlik is requesting to locate the self-service facility 20 feet from his front property line because of the following limitations: a. Minnesota State Law requires that a self-service island be in full view of station attendents. b. Any relocation of the self-service island further away from the right-of-way of West 78th Street would negate in and out circulation of traffic between the existing pump island and the proposed self-service island. Councilman Pearson moved to approve a conditional use permit for John Havlik to install a self-service gasoline dispensing island and approve a five foot front yard variance from the center of the island to the property line. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. CONSENT AGENDA: Acting Mayor Neveaux asked if any Council member wished to discuss any items on the consent agenda. As no additional canments were received, Councilman Pearson moved to accept the consent agenda as recommended by the City Manager. I a. Sewer connection deferment, John Clark, 1215 Lake Lucy Road. b. Plans and Specifications, North Lake Susan Watermain Project, Authorize to Advertise for Bids. (Resolution #78-29. c. Notice of Public Hearing, South Lotus Lake Drainage, Approve Letter of Notification. d. Ecological Committee Resignation - Gary Eastburn. e. Refunding Improvement Bonds - 1978, Resolution Approving Terms and Payment. Resolution #78-30. f. Assess Unit Charge Request, Santa Vera Apartments. g. Assess Sewer Improvement Request, Pat Kerber. k. Lake Susan Improvement Project, Request to change Public Improvement and Business Park Phasing and Security Agreement. 1. Liquor License Amendment, St. Hubertfs Church, Add two license dates for a non-intoxicating liquor license. Items: h. Kennel License Requirements, Amend Ordinance. i. Drainage Progress Report, Frank Kurvers. j. Valhalla Drive Vacation, South of Pleasant View Road. were previously deleted from the agenda. The City Manager will contact affected parties as to when these will be discussed by the Council, possibly July 17, 1978. Motion seconded by Councilman Waritz. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. ENGINEERING SERVICES, SCHOELL AND MADSON, ALLEN GRAY SUBDIVISION: I Mr. Gray has requested that Schoell and Madson carry out engineering services for Sunnyslope Addition. Councilman Waritz moved to allow Schoell and Madson to complete the Allen Gray Subdivision (construction, staking and inspection) and request Bill Schoell be present at a future Council meeting I I I Council Meeting June 19, 1978 -5- to discuss this matter regarding future subdivisions. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. FISCAL AGENT ~ 1978: The City Manager will arrange a meeting on July 24, 1978, with approximately 3 or 4 fiscal consulting firms for the Council to interview. SIGN COMMITTEE AND PROPOSED ORDINANCE: The Sign Committee will hold a meeting with City Staff to discuss the progress of the proposed ordinance. RECREATIONAL VEHICLE ORDINANCE: Councilman Pearson discussed the existing RV Ordinance. Councilman Pearson moved to adjourn. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Waritz. No negative votes. Meeting adjourned at ll:45 p.m. Don Ashworth City Manager