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1977 08 01 I I rj REGULAR CHANHASSEN CITY COUNCIL MEETING AUGUST 1, 1977 Mayor Hobbs called the meeting to order at 8:00 p.m. with the following members present: Councilmen Pearson, Neveaux, and Waritz. Councilman Geving was absent. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: Councilman Neveaux moved to_approve the agenda as presented with the addition of discussion on traffic problems. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. CONTINUATION OF PUBLIC HEARING FROM JULY 11, 1977 VACATION OF SARATOGA LANE Mayor Hobbs called the public hearing to order. The following interested persons were present: Doug Hansen Tom Klingelhutz Mr. and Mrs. Bert Pollitt Pat Kerber Tom Hannon Craig Mertz Bob Waibel The purpose of this hearing is to consider the vacation of a portion of Saratoga Lane which runs from Laredo Drive to the west property line of Hansen and Klingelhutz development. The official notice has been republished in the Carver County Herald. Mr. Kerber, through his attorney Mr. Hannon, reiterated that Mr. Kerber is requesting six additional feet to the west of the from the proposed vacation to allow more room for garbage trucks, snow plows, etc. to turn around. Doug Hansen, Hansen & Klingelhutz, stated he would prefer the original proposed vacation and not allow the additional six feet. A motion was made by Councilman Neveaux and seconded by Councilman Pearson to close the public hearing. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Hearing closed at 8:10 p.m. VACATION OF A PORTION OF SARATOGA LANE: RESOLUTION #77-39: Councilman Pearson moved the adoption of a resolution to vacate Saratoga Lane from point "C" to point "D". Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. MINUTES: Councilman Neveaux moved to approve the July 18, 1977, City Council Minutes. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. Councilman Pearson moved to note the July 13, 1977, Planning Commission minutes. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. IIIII""" . City Council Meeting August 1, 1977 -2- Councilman Neveaux moved to note the July 27, 1977, Planning Commission minutes. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveau}{, and Waritz. No negative votes. Motion carried. Councilman Pearson moved to note the June 7, 1977, Community Facilities Study Committee Minutes. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. Councilman Pearson moved to note the July 13, 1977, Park and Recreation Commission minutes. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. PLUMBING PERMIT FEES - ORDINANCE AMENDMENT: Councilman Pearson moved to amend Ordinance 30-C by amending Section 5.01 of Ordinance 30-A as indicated. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. WATER METER DEPOSITS - ORDINANCE AMENDMENT: This proposed amendment would involve changing the words "security deposit" to IIchargell in Section 3.05. A second amendment in the same section would change the charge of a water meter and accessories, including administrative costs from $63.00 to $75.00. The City Manager recommended the second amendment become effective September 15, 1977. The Council expressed concern over the receipts given customers explaining the individual costs involved in purchasing a water meter. It was felt these costs should be spelled out on the receipt. The Manager noted that itemized costs are available on request. Councilman Pearson moved to approve an amendment to Ordinance 6 Section 3.05 as outlined in the City Manager's report of August 1, 1977. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. TRAFFIC ORDINANCE AMENDMENT - SNOW EMERGENCIES AND CODIFICATION: Councilman Pearson moved to approve codified Ordinance 3-H as drafted by the City Attorney. Councilman Pearson requested that the Manager provide additional information on violations under section 11.02. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. RESOLUTION #77-40: Councilman Neveaux moved the adoption of a resolution establishing no parking zones as drafted by the City Attorney. Resolution seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. RESOLUTION #77-41: Councilman Pearson moved the adoption of a resolution establishing "No U-Turn" zones as drafted by the City Attorney. Resolution seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. I I , · I I -3- City Council Meeting August 1, 1977 LOT 12, AUDITOR'S SUBDIVISION #2: Gene Coulter invited each Council member to look at Lot 12. The Association would like something done. This will be an agenda item the first meeting in September. The engineer is preparing a tentative feasibility study on four areas for storm sewer; Hill, Erickson, Hughes, and Lot 12. The City Manager will send Mr. Coulter a letter advising him of what is happening with the lot. SEWER LATERAL INSTALLATION, CLARIFICATION OF LOT DIVISION APPROVAL - DONALD SCHMIEG: !l1r. and Mrs. Schmieg were present requesting the Council to consider whether his lot at 7702 Erie would be a buildable lot and whether an existing garage could be converted to a residential home. The lot is 45' x 120' and was previously assessed for water. A sewer lateral could be installed at this time prior to street improvements. The garage is 26' x 48' and is currently a non-conforming use. Staff suggested three options to the Council: 1. Approve the sewer and water extensions to the property - this option reaffirms the Council's decision in originally establishing a water assessment for the lot and would allow building if setbacks were met. 2. Deny sewer and water service to the property - relief from the previous water assessment would be required. 3. Require the owner to apply through the typical variance request process. Staff finds no record at the County that the alley was vacated. The City Attorney will check into this and bring it before the Council. ~uncilman Neveaux moved to deny the sewer and water service to the property and give Mr. and Mrs. Schmieg relief from the previous water assessment placed on 7702 Erie. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. Mr. Schmieg stated he felt he should not have to pay assessments for concrete curb and gutter, street, and storm sewer for a lot that is not buildable. SEWER MORATORIUM VARIANCE REQUEST - LAKE RILEY BLVD: Adolph Tessness was present requesting the Council consider relief from the sewer moratorium on a lot located between Kiowa Trail and Lake Riley Blvd. The lot is 44,000 square feet in size and does not front on a public street. Councilman Neveaux moved to place on first reading an ordinance amendment clarifying Section 2.02, subsection 2 A. and B. of Ordinance 64 and a variance section, if necessary. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. The applicant was additionally instructed to apply for a variance to the zoning ordinance. CONDITIONAL USE PERMIT - HARRY PAULY: Harry Pauly was present requesting approval of a conditional use permit to construct a 44' x 80', three-story office building on his property south of the Old Village Hall on Great Plains Blvd. The Planning Commission held a public hearing on this issue and recommended approval. The City Planner feels that the curb cut behind Pauly's Bar could pose serious problems to the health and welfare of the pedestrian public. He suggested the City Council Meeting August 1, 1977 -4- curb cut be eliminated and the city instigate a truck loading zone on Great Plains Blvd. He recommended the Council approve the request and enter into an agreement with Mr. Pauly. Mr. Pauly stated that if the curb cut is eliminated he would request that if it doesn't work he be allowed to open it up again. Bruce Pankonin - If the beer trucks go to some other type of truck than what we know today, that would have a difficult time negotiating those radii, then possibly one way in or one way out so that the trucks can get in there would be appropriate. As of this time the trucks don't have a problem. I agree with him. The Engineer has reviewed the lighting plan and drainage plan and find no problems. Councilman Neveaux moved to approve the plans as submitted this evening with the recommendation of the Planning Commission in regard to the service lane and the limited parking along Great Plains Blvd. be incorporated into a conditional use permit agreement between the City and Mr. Pauly. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. CONDITIONAL USE PERMIT - MICHAEL SORENSON: Mr. Sorenson was present requesting approval of a conditional use permit to construct an office/retail building at 7900 Great Plains Blvd. The building will be 6800 square feet in size and constructed of decorative I block. The CBD Committee met and felt that this proposal was consistent with the spirit and intent of the CBD plan conditioned upon Mr. Sorenson adequately screening the open storage area from public view. The Planning Commission held a public hearing on the proposal. The City Planner stated that the applicant should indicate the type of materials to be used to screen the outside storage area and should be required to construct a sidewalk along the frontage. He recommended approval of the plan. Mr. Sorenson stated at this time he has no plans for the storage area. The garages will be used to house his trucks. The outside storage area would be screened with woven cedar or redwood fencing or something similar. Council members would like to see a little more of a western motif on the outside of the building. Councilman Pearson moved that staff be directed to prepare a conditional use permit incorporating the basic concept as shown on the èxhibit dated May 22, 1977, including sidewalks and the consideration of a more western motif. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. DEVELOPMENT CONTRACT, TROLLS-GLEN SECOND ADDITION: Kit Peterjohn and Dan Herbst were present requesting approval for final plat of Trolls-Glen Second Addition. Mrs. Peterjohn has completed arrangements for insuring a second access to County Road 15. She further requested that the city install the improvements in the second addition under the city's bonding and assessment authority. After discussion, the council reaffirmed their previous decision I I I I City Council Meeting August 1, 1977 -5- and determined not to reconsider public installation of these improvements. The development contract will be prepared by the City Attorney for Council approval. LAWCON FUNDING APPLICATION, COMMUNITY PARK - NORTH END OF LOTUS LAKE: The Park and Recreation Commission and Planning Commission have reviewed potential sites along the north end of Lotus Lake and recommended the Council apply for LAWCON Funds for a 20 acre site on Pleasant View Road. Councilman Pearson moved to approve the site and request the Park and Recreation Commission hold an informational hearing prior to the City Council meeting of September 12, 1977. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. PLANNING GRANT APPLICATION: RESOLUTION #77-42: Councilman Neveaux moved the adoption of a resolution approving a grant application to the Metropolitan Council in the amount of $7,346.00 as our entitlement under the Mandatory Planning Act. Resolution seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. CONTRACT AMENDMENT - gRIE, CHAN VIEW, AND WEST 77TH STREET IMPROVEMENT PROJECT 75-11:' The City Engineer requ.eSteda $900 éÖntractamendment for realignment of the storm sewer across the Paul Rojina and former Sargent Palmer properties. The changes were made in order to save money on easement costs. The City Engineer believes this will be an overall savings and recommended approval. RESOLUTION #77-43: Councilman Neveaux moved the adoption of a resolution approving Contract Amendment #2 on the Erie, Chan View, and West 77th Street Improvement Project 75-11. Resolution seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. CONTRACT AMENDMENT - EAST LOTUS LAKE PROJECT 75-10: The City Engineer explained that the cost of providing three phase service to three lift stations in this area exceeded the original cost estimate. An alternate design was used to allow for a savings which would reduce the cost below the original estimate. RESOLUTION #77-44: Councilman Pearson moved the adoption of a resolution approving Contract Amendment #1 on the East Lotus Lake 75-10. Resolution seconded by Councilman Neveaux. The following in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. negative votes. Motion carried. Project voted No CITY WIDE TRAFFIC PROBLEMS: This will be a future agenda item and Sgt. Anding and Captain Wallin will be invited to attend. TRANSPORTATION PLAN - MINN. DOT: No action was taken. City Council Meeting August 1, 1977 -6- Councilman Waritz moved to adjourn. Motion seconded Þy Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. Meeting adjourned at 11:35 p.m. Don Ashworth City Manager I I I