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1977 02 07 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING FEBRUARY 7, 1977 Mayor Hobbs called the meeting to order at 7:30 p.m. with the following members present: Councilmen Pearson, Waritz, and Geving. Councilman Neveaux was absent. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: A motion was made by Councilman Waritz and seconded by Councilman Pearson to approve the agenda with the addition of discussion on the expansion of Lake Ann Park. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Waritz, and Geving. No negative votes. Motion carried. MINUTES: A motion was made by Councilman Pearson and seconded by Councilman Waritz to approve the January 24, 1977, Council minutes. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Waritz, and Geving. No negative votes. Motion carried. A motion was made by Councilman Pearson and seconded by Councilman Waritz to note the January 26, 1977, Planning Commission minutes. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Waritz, and Geving. No negative votes. Motion carried. PUBLIC HEARING PARKING LOT IMPROVEMENTS FEBRUARY 7, 1977, AT 7:45 P.M. Mayor Hobbs called the public hearing to order with the following interested persons present: Harry Pauly, Chanhassen Charles Kallestad, Wayzata Mr. and Mrs. Willard Johnson, 1660 West 63rd St. Bill Brezinsky Bruce Pankonin Russell Larson Harry Pauly presented a proposal to the Council relative to the acquisition of the city property. Purchasers agree to: 1. Improve lot to city specifications. 2. Maintain lot in a good and usable condition. 3. Permit useage of the lot by "old village hall" visitors until such time as the same may be removed to another site or in the event the present "old village hall" is for any reason abandoned. In either of such events purchasers desire to have the first option to purchase the property on which the "old village hall" is now located. 4. Pay to the city for the property in question the sum of $8,900 at a time and in a manner as follows: a. $6,500 in cash, at the time of delivery of a deed to the property. b. The balance, or $2,400 would be satisfied by purchasers paying for the maintenance of the parking spaces to be used by "old village hall" visitors as well as for the use of such spaces by said visitors. This public hearing is for the purposes of determining whether or not this public improvement project should proceed. A valid public hearing is still open for the lease or sale of the city property to private individuals. City Council Meeting February 7, 1977 -2- The City has received two appraisals on the city property; streeter Andrus - $8,600, and Klingelhutz-Cravens - $9,210. I The Council expressed concern over who would pay for. the cos.ts incurred by the city in the amount of $3,358.50 for this project. An escrow deposit has been made by Ann Koltyk in the amount of $1,500. Mr. Pauly stated he feels they are obligated to a portion of the costs but not the entire amount. Charles Kallestad - The only part I had an objection to is the closing off of the access along the west side of Victoria's. Harry Pauly - I can't close mine up either and I told Bruce that. He drew it that way but we never reached an agreement as to the closing of mine. I have to have access to the back door of my liquor store or I'm out of business. I am satisfied with one-way but not to close it. Councilman Waritz - One way coming in but if you are talking about going out I think in both those situations it's extremely dangerous. Charles Kallestad - That would be alright with me if it were just coming in. Don Ashworth - Staff would continue to recommend that the access I west of Victoria's be closed. There is a conflict between pedestrian traffic, vehicles coming in, ingress -egress. Russell Larson - If it is decided that the Council wishes to sell the property, I would recommend that there be something in the sale agreement that would afford the city protection to insure that the area would be properly maintained and lighted in the coming years. I envision in that regard some type of a provision that should they fail to do so that the city would have the right to come in and do that work and specially assess it against the benefitted properties. I would highly recommend that type of a provision. A motion was made by Councilman Pearson and seconded by Councilman Geving to close the public hearing. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Waritz, and Geving. No negative votes. Motion carried. Hearing closed at 8:25 p.m. Don Ashworth City Manager I I I I City Council Meeting February 7, 1977 -3- PARKING LOT IMPROVEMENTS: Councilman Pearson moved that the Council proceed on the basis of a sale within the framework of the February 7, 1977, proposal. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Waritz, and Geving. No negative votes. Motion carried. STATE UNIFORM FIRE CODE: Jack Kreger was present. A motion was made by Councilman Waritz and seconded by Councilman Pearson to approve an ordinance adopting the Minnesota Uniform Fire Code by reference. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Waritz, and Geving. No negative votes. Motion carried. COMBINING CITY CLERK AND MANAGER'S DUTIES: A motion was made by Councilman Pearson and seconded by Councilman Waritz to place an ordinance relating to the Duties of the City Clerk on first reading. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Waritz, and Geving. No negative votes. Motion carried. CARVER BEACH PROJECT - HERBERT DE VAAN: Mr. DeVaan was present requesting a refund of the interest paid on his assessments because he was not notified of the date that assessments could be paid interest free. The Council took no action. The City Attorney will check to see if interest can be forgiven. CONDITIONAL USE PERMIT - EUGENE SUSEMIHL: The property is located at 9245 Lake Riley Blvd. and is zoned R-l. Mr. Susemihl purchased a garage and had it moved onto his property to be used as a tool shed. Tool sheds require a conditional use permit in an R-l district. The Planning Commission held a public hearing and recommended the Council deny the conditional use permit. Staff recommended denial of a conditional use permit but that he should try to comply with all the city setbacks. Mrs. Hague was present with pictures of the area. A motion was made by Councilman Geving and seconded by Councilman Pearson to deny the conditional use permit for Eugene Susemihl and that staff take appropriate steps to see that the structure is removed in 90 days. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Waritz, and Geving. No negative votes. Motion carried. SUBDIVISION REQUEST - ED DUNN: Mr. Dunn was present requesting concept approval to divide 40 acres of land into 10 lots and 1 outlot in an area that presently does not have sewer. The property is located 1/2 mile west of Great Plains Blvd. on the north side of Lyman Blvd. The Planning Commission recommended that through the comprehensive planning process the city pursue the inclusion of estate-type developments and develop standards and criteria to judge future estate-type developments. A motion was made by Councilman Pearson and seconded by Councilman Geving that the Council agrees with the Planning Commission motion of January 12, 1977, in reference to estate-type developments. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Waritz, and Geving. No negative votes. Motion carried. City Council Meeting February 7, 1977 -4- SIGN APPROVAL - SUPERAMERICA GAS STATION: The Sign Committee met and recommended the Council approve two self-serv and price signs to be constructed on either end of the canopy and an additional sign on the existing pylon sign. They further recommended the applicant withdraw the SuperAmerica Sign on the canopy and removal of the existing roof top sign. The City Planner agreed and further recommended the removal of the rotater from the pylon sign as motion signs are not permitted in the city. A motion was made by Councilman Pearson and seconded by Councilman Geving to accept the Sign Committee's recommendation with the addition of the removal of the rotater. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Waritz, and Geving. No negative votes. Motion carried. I BOARD OF ADJUSTMENTS AND APPEALS: A motion was made by Councilman Geving and seconded by Councilman Waritz to appoint Roman Roos as the Planning Commission representative with Jerry Neher as alternate; Councilman Dick Pearson as Council representative with Councilman Dale Geving as alternate; and Willard Johnson as citizen representative with Donald Schmieg as alternate to the Board of Adjustments and Appeals. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Waritz, and Geving. No negative votes. Motion carried. JOINT TRAILS: The Council is aware that the Park and Recreation Commission has appointed Phyllis Pppe to the Joint Trails Committee. UPLAND WATER RETENTION PLAN - MINNEHAHA CREEK WATERSHED DISTRICT: Joe Betz, Park and Recreation Commission, and David Prillaman were present. The City Council discussed the water retention plan and its affects on Christmas Lake and Lake Minnewashta. The City Planner reviewed the Planning Commission's concerns: 1. will they be changing the high water mark on Lake Minnewashta and Christmas Lake, and if so, to what elevation? 2. What is the scope of the project? How much land will they be flooding? What will be the scope of erosion if the lake levels fluctuate? The amount of degradation to terrestrial and aquatic vegetation? Will there be just compensation to the people? The City Council directed the City Planner to prepare a letter for their signature calling attention to the City's concerns; 1) calling attention to the fact that the City received notice of the public hearing the day of the public hearing, 2) how feasible is it to erect a new dam at the outflow of Lake Minnetonka to raise the water level, 3) environmental impact statement. COMMUNITY SERVICE OFFICER: A motion was made by Councilman Pearson and seconded by Councilman Geving to authorize a Community Service Officer. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Waritz, and Geving. No negative votes. Motion carried. EXPANSION OF LAKE ANN PARK: The Council discussed the possibility of expanding Lake Ann Park to the east. I I I I I City Council Meeting February 7, 1977 -5- HIGHWAYS 169 AND 212: The City Manager was asked to find out the status of the 169-212 Committee. COUNCIL MEETING: The regular Council meeting will be February 28, 1977, at 7:30 p.m. COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION: The City Planner gave a progress report on the application. RESOLUTION #77-08: Councilman Waritz moved the adoption of a resolution approving four projects to be submitted to HUD for Community Development Block Grant funds: North access for Carver Beach, Historic Preservation of St. Hubert's Church, Senior Citizens Center, and Branch Library. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Waritz, and Geving. No negative votes. Motion carried. LEGISLATIVE CONFERENCE: Council members interested in attending should contact the City Manager. C. C. LUDWIG AWARD: This will be a Council Agenda item for the next meeting. A motion was made by Councilman Geving and seconded by Councilman Pearson to adjourn. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Waritz, and Geving. No negative votes. Meeting adjourned at 11:35 p.m. Don Ashworth City Manager