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1977 02 28 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING FEBRUARY 28, 1977 Mayor Hobbs called the meeting to order at 7:30 p.m. with the following members present: Councilmen Neveaux, Geving, and Waritz. Councilman Pearson 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 Geving to approve the agenda with the addition ofd~scussion of the city attorney fees, meeting at Chaskawith Metropolitan Co~pcil representative, Interim Facilities Study Committee, and St. Hubert's Committee. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative votes. Motion carried. MINUTES: Amend the February 7, 1977, Council minutes as follows: COMMUNITY SERVICES OFFICER: The Council agrees that the position would be reviewed after one year to determine whether or not the position should be continued. EXPANSION OF LAKE ANN PARK: Joe Betz, Park and Recreation Commission Chairman, was present. The Park and Recreation Commission will continue to study this and report back to the Council at some future date. A motion was made by CouncilmanWaritz and seconded by Councilman Geving to approve the February 7, 1977, Council minutes as amended. The following voted in favor: Mayor Hobbs, Councilmen Waritz and Geving. Councilman Neveaux abstained. Motio~ carried. A motion was made by Councilman Neveaux and seconded by Councilman Waritz to note the January 31, 1977, Community Facilities Study Committee minutes. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Waritz, and Geving. No negative votes. Motion carried. A motion was made by Councilman Waritz and seconded by Councilman Neveaux to note the January II, 1977, Housing and Redevelopment Authority minutes. The following voted in favor: Mayor Hobbs, Councilmen Geving, Neveaux, and Waritz. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Waritz to note the December 14, 1976, Housing and Redevelopment Authority minutes. The following voted in favor: Mayor Hobbs, Councilmen Geving, Neveaux, and Waritz. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Waritz to note the February IS, 1977, Park and Recreation Commission minutes. The following voted in favor: Mayor Hobbs, Councilmen Geving, Waritz, and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Waritz to note the February 1, 1977, Park and Recreation Commission minutes. The following voted in favor: Mayor Hobbs, Councilmen Geving, Neveaux, and Waritz. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Waritz to note the February 23, 1977, Planning Commission minutes. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Waritz, and Geving. No negative votes. Motion carried. City Council Meeting February 28, 1977 -2- INSURANCE BIDS: One bid was received from the Carver County Agency through the Home Insurance Company. Bob VandenBranden was present to answer any questions. I A motion was made by Councilman Waritz and seconded by Councilman Neveaux to accept the bid as presented by the Carver County Agency under the recommendation column of the City Manager's memorandum in the amount of $18,576 plus the items recommended in footnote 5 for negotiations for additional coverage plus additional Workmen's Compensation as required. The following voted in favor: Mayor Hobbs, Councilmen Geving, Neveaux, and Waritz. No negative votes. Motion carried. COMBINING CITY CLERK AND }ffiNAGER'S DUTIES: A motion was made by Councilman Neveaux and seconded by Councilman Geving to adopt Ordinance #62 relating to the duties of the City Clerk (under Optional Plan B form of Government). The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative votes. Motion carried. 1977 UTILITY FUND BUDGET: The City Manager explained the status of the sewer and water funds and reviewed the proposed 1977 Budget. A motion was made by Councilman Geving and seconded by Councilman Waritz to adopt the 1977 Utility Fund Budget. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative votes. Motion carried. CARVER BEACH PROJECT - HERBERT DE VAAN: Loretta DeVaan and Adolph Tessness were present requesting the Council forgive the interest payable for 1977 on a sewer and water assessment. Mrs. DeVaan read a letter dated February 25, 1977, stating why they are asking for the interest forgiveness. ' I Councilman Neveaux moved that the Council authorize the Mayor to sign the proper abatement forms as prepared by Herbert DeVaan and received from the County Auditor, which if approved by the county and the Commissioner of Revenue, is approved by the City of Chanhassen effective January 26, 1977. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Geving, Neveaux, and Waritz. No negative votes. Motion carried. BILLS: A motion was made by Councilman Neveaux and seconded by Councilman Waritz to approve the bills as presented. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Waritz, and Geving. No negative votes. Motion carried. MINNEWASHTA SHORES - FILL PERMIT: Anna Lee Hanson was present requesting a permit to dredge in front of their association lot in Lake Minnewashta. They have received approval from the DNR and Minnehaha Creek Watershed District. A motion was made by Councilman Neveaux and seconded by Councilman Geving that the City Manager be directed to issue an Excavating Permit to the Minnewashta Shores Association for the dredging of a marina area in Lake Minnewashta subject to the previous review of the Minnehaha Creek Watershed District and the Minnesota I I I I City Council Meeting February 28, 1977 -3- Department of Resources and that the City Staff handle it in an administrative manner setting the fee as per ordinance and allow the project to proceed as rapidly as possible but if there are problems that surface~return this to the Council at the March 7, 1977, meeting with a recommendation. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative votes. Motion carried. CHANHASSEN CHATTERERS: Rose Peitz, President of the Chanhassen Chatterers Homemakers Club, presented the Council with a check for the Bicentennial Commission in the amount of $145.60. The club Téquested this money be used to purchase something special, antique or otherwise, needed for inside the Old Village Hall in their behalf. The Council thanked Mrs. Peitz for the contribution. 1977 LIQUOR LICENSE FEES: Herbert Bloomberg, Mr. and Mrs. Tom Krueger, and Harry Pauly were present. The Council discussed changes to the proposed ordinance amendment. (a) The term "restaurant" ÌTleans any establishment Under the control of a single proprietor or manager having appropriate facilities tò serve means, for seating not fewer than 125 guests at one time, where in consideration of payment therefor means are regularly served at tables to the general public, and which employs an adequate staff' for the usual and suitable service to its guests in which the principal part of the business is the serving of foods, the gross sales of which shall be not less than 60% of the gross sales of the establishment. Dancing by patrons may be incidental to the restaurant operation. The business records of the licensee, including federal and state tax returns, shall be available for inspection of the City or the City Council at all reasonable times. (b) The term "floor area" for the prupose of calculating the "oh-sale" intoxicating liquor license fee shall be all of the floor area of the various floors of a licensed premise meas.ured to the centers of all partitions, except those areas primarily for non-service purposes including, but not limited to, dead storage, building management, toilets or restrooms, mechanical equipment rooms and kitchens. (c) Non-Restaurant shall mean any "on-sale" liquor license establishment with more than 40% of annual gross sales in on-sale liquor. FEES. (1) On-Sale. The annual license fee for an "on-sale" intoxicating liquor license shall be: Floor Area 3,000 sq. ft .or. Under 3,001-6,000 sq. ft. 6,001 + sq. ft. Restaurant $ 3,500 $ 5,500 $ 7,500 Non-Restaurant $ 4,500 $ 6,500 $ 8,500 The Council approved a new section providing of fees. The first half of such installment City at the time of application for license. or before June 30 of each year. for installment payment shall be received by the The second half due on A motion was made by Councilman Neveaux and seconded by Councilman Waritz to place an ordinance establishing liquor license fees on first reading. The following voted in favor: Mayor Hobbs, Councilmen Neveauxand Waritz. Councilman Geving abstained. Motion carried. City Council Meeting February 28, 1977 -4- VARIANCE REQUEST - JAMES MC ~ffiNUS: Mr. McManus was present requesting a ten foot front yard variance in order to build a home on Lot 4, Block 2, Trolls Glen First Addition. City Staff feels the variance I process has been misused in the city. Variances should not be considered for issues where the owner has created the hardship. The Board of Adjustments and Appeals recommended approval of the variance. City Staff recommended denial and suggested the owner redesign the structure to conform with all setback requirements. A motion was made by Councilman Neveaux and seconded by Councilman Geving to deny the request for a variance of Mr. McManus for Lot 4 Block 2, Trolls Glen First Addition. The following voted in favor: Mayor Hobbs, Councilmen Geving and Neveaux. Councilman Waritz voted no. Motion carried. RAILROAD_CROSSING - GALPIN BLVD: Councilman Geving moved to pay the bill of $1,580.63 to Chicago, Milwaukee, St. Paul and Pacific Railroad Company and transfer same from unallocated general fund to capital construction account. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative votes. Motion carried. HANUS STORAGE - WEST 78TH STREET AND WEST 79TH STREET: Staff recommended the Council turn this matter over to the City Attorney for disposition. A motion was made by Councilman Neveaux and seconded by Councilman Waritz to turn this matter over to the City Attorney for disposition. I Seek the restoration of West 79th Street to its prior grade. Clean up the outside storage at both locations and comply with the conditions of the Conditional Use Permit issued for the West 78th Street location. The following voted in favor: Mayor Hobbs, Councilmen Geving, Neveaux, and Waritz. No negative votes. Motion carried. CARVER COUNTY FIVE YEAR HIGHWAY PROGRAM: Bill Brezinsky gave a report on the program. In Chanhassen, the work proposed for the next five years is as follows: 1977 - None 1978 - None 1979 - Acquire land and construct new CSAH 17 from Highway 5 west of Lake Susan south to Lyman Blvd. 1980 - Land acquisition and slope easements for a new east-west road from Highway 41 in Chaska east to Great Plains Blvd. 1981 - Construction of east-west road. The County Board will conduct a public meeting to discuss and receive comments on the program on March 1 at 10:00 a.m. The City Council agrees with the five year program. HIGHWAYS 212-169: Councilman Waritz asked if there was any feedback on the Highways 212-169 proposal. The City Manager will inquire as to the status and report to the Council. I Pat Murphy, Carver County Director of Public Works, recommended that for the short term that the City Council pass a resolution supporting an interim solution to the Bloomington Ferry Bridge and Railroad Bridge. This should be sent to Bloomington, Hennepin County and the railroad. This resolution would state Chanhassen's support for an interim solution to the traffic problems occurring I I I City Council Meeting February 28, 1977 -5- on Highways 169-212 due to the closing of the two bridges and supporting any interim solution which would alleviate that traffic. Before the Council would act on a long term solution the Council may want to consider the affects of that on the Highway 41 Bridge. RESOLUTION #77-09: Councilman Waritz moved the adoption of a resolution supporting an interim solution to the 169-212 intersection traffic problem which is incidentally located in Chanhassen. Resolution seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative votes. Motion carried. UNIFORM MUNICIPAL ELECTION DAY S.F. 350: RESOLUTION #77-10: Councilman Geving moved the adoption of a resolution that the Council is not in favor of the Uniform Municipal Election Day S.F. 350 because of the significant cost factor to the City and, since the City Council has just completed converting to even year elections corresponding with federal and state elections, and thereby increasing the voter turnout¡ it appears unreasonable to change which in all likelyhood would reduce the number of voters involved in local elections. Resolution seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Neveaux and Geving. Councilman Waritz voted no. Motion carried. STUDY OF LOCAL GOVERNMENT FISCAL PROBLEMS: RESOLUTION #77-11: Councilman Neveauxmoved the adoption of a resolution pertaining to the addition of selected municipalities to Minnesota's Municipal Finance Study. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative votes. Motion carried. M.S.A.S 101: The City Attorney gave a progress report on easement acquisition for this proposed street. A motion was made by Councilman Neveaux and seconded by Councilman Geving to adjourn. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative votes. Meeting adjourned at 12:00. Don Ashworth City Manager