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1976 10 04 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING OCTOBER 4, 1976 Mayor Klingelhutz called the meeting to order with the following members present: Councilmen Hobbs, Kurvers, and Waritz. Councilman Neveaux was absent. Bill Brezinsky and Russell Larson were present. The meeting was opened with the Pledge to the Flag. BOND SALE, SECOND SERIES: Phil Chenoweth was present. Three bids were received. Dain, Kalman, & Quail Juran & Moody First National Bank of Mpls. Cashiers Check Certified Check $ 39,200 39,200 39,200 Net Interest Rate 5.3404 5.4467 5.2942 Net Interest Cost 903,599.38 921,591.88 895,789.38 RESOLUTION #76-73: Councilman Kurvers moved the adoption of a resolution awarding sale of $1,960,000 improvement bonds of 1976, series 2, to First National Bank of Minneapolis at a price of $895,789.38. Resolution seconded by Councilman Waritz. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Motion carried. RESOLUTION #76-74: Councilman Hobbs moved the adoption of a resolution authorizing the issuance of $1,960,000 improvement bonds of 1976, series 2, prescribing their terms and form, and providing for their payment. Resolution seconded by Councilman Kurvers. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Motion carried. APPROVAL OF AGENDA: Councilman Hobbs moved to approve the agenda as presented with the addition of Variance Request - Dwight Leatham and Traffic Problem - Bluff Creek Drive. Motion seconded by Councilman Kurvers. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Motion carried. MINUTES: Amend the September 13, 1976, Council minutes by changing the word "voted" to "moved" in the second paragraph, first sentence under RECONSIDERATION OF CONDITIONAL USE PERMIT - DON HANUS. Councilman Hobbs moved to approve the September 13,1976, Council minutes as amended. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Motion carried. Amend the September 20, 1976, Council minutes by changing the word "east" to "west" 'in the third line of EAST LOTUS LAKE PRD on page 2. Councilman Waritz moved to approve the September 20, 1976, Council minutes as amended and to approve the continuation of the September 20, 1976, Council minutes of September 21, 1976. Motion seconded by Councilman Hobbs. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Motion carried. A motion was made by Councilman Kurvers and seconded by Councilman Waritz to approve the Carver Beach Project 75-2 Assessment Hearing minutes of September 27, 1976. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Motion carried. Council Meeting October 4, 1976 -2- A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to approve the Greenwood Shores Project 75-3 Assessment Hearing minutes of September 28, 1976. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Motion carried. I Councilman Waritz moved to approve the Frontier Development Park Project 74-1A Assessment Hearing minutes of September 28, 1976. Motion seconded by Councilman Hobbs. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Motion carried. Councilman Kurvers moved to note the Bicentennial Commission minutes of September 16, 1976. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Motion carried. Councilman Kurvers moved to note the Park and Recreation Commission minutes of September 21, 1976. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Motion carried. Councilman Kurvers noted that the "no parking" signs have not been installed by the City of Shorewood along the cartway at Cathcart Field. A motion was made by Councilman Hobbs and seconded by Councilman Waritz to note the Planning Commission Carver Beach Guide Plan Amendment public hearing minutes of September 22, 1976. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Motion carried. I A motion was made by Councilman Kurvers and seconded by Councilman Waritz to note the September 22, 1976, Planning Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Waritz to note the Planning Commission GrayjWickenheiser public hearing minutes of September 22, 1976. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Motion carried. A motion was made by Councilman Waritz and seconded by Councilman Hobbs to note the Planning Commission Amendment to Ordinance 47, Section 6.04 public hearing minutes of September 22, 1976. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, andWaritz. No negative votes. Motion carried. CBD PARKING LOT: Ann Koltyk, Harry Pauly, Bernie Schneider, and Dick Dutcher were present. City Staff met with the Central Business District Committee, Bicentennial Commission, and property owners to discuss the land requirements for the old village hall site. It I was generally agreed that 15 feet of the south portion of the city property and 15 feet of the Pauly property would be used for entrance purposes and that Mr. Bloomberg would draft a new proposal for the interior parking. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to establish the old village hall park as designated by joint I I I Council Meeting October 4, 1976 -3- agreement between the Bicentennial Commission and the people interested in developing a parking lot approximately 70 x 130 feet less 15 feet from the south property line as shown on Bloomberg Company drawing dated October 1, 1976, entitled Village Hall Restoration and Parking Lot. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Motion carried. This proposal will be forwarded to the Planning Commission for review. Property owners will submit the necessary drawings for that meeting. A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to set a public hearing date for November 1, 1976, at 7:30 p.m. to determine the feasibility of leasing city property to private owners for parking lot purposes. An escrow account in the amount of $3,000 be paid to the city by the property owners before the public hearing is held. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Motion carried. WAFTA: Jack Kreger, Fire Chief, invited all Council Members to attend a fire school on October 9 at the Western Area Fire Training Center. BUILDING PERMIT APPLICATION - COUNTRY CLEAN: Don McCarville was present requesting a building permit to install a storage shed which has been erected. The building will be used to house equipment and for storage. The Planning Commission reviewed the proposal but made no recommendation. A building permit has since been issued. A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to send Mr. McCarville to the Planning Commission for plan approval. Mr. McCarville can use the building in the interim. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Motion carried. PLAN AMENDMENT - GLENDALE DRIVE: Two residents along Glendale Drive have petitioned the city to pave the street. The Planning Commission held a public hearing and recommended the Council approve the paving of a trail. A motion was made by Councilman Waritz and seconded by Councilman Hobbs to approve the recommendation of the Planning Commission to pave Glendale Drive for a trail~ The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Motion carried. SUBDIVISION OF LOT 5, MINNEWASHTA PARK: John Gray was present. The property is located on Orchard Lane and is zoned R-l. The petition is to re-subdivide Lot 5 into three lots. The Planning Commission held a public hearing and recommended approval. The Planner recommended approval conditioned upom moving the lot line between Lots 1 and 2 twenty-five feet east and that the low area in Lot 1 be left in its natural state. A motion was made by Councilman Hobbs and seconded by Councilman Waritz to approve the GrayjWickenheiser preliminary plat ,as shown dated August 18, 1976, conditioned upon moving the lot line between Lots 1 and 2 and that utility easements be shown on the final plat. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Motion carried. Council Meeting October 4, 1976 -4- The City Attorney will examine the title of the property prior to final plat approval. ZONING ORDINANCE AMENDMENT - CHURCHES IN R-1A DISTRICT: Bruce I Peterson, Valley Ministries, Inc. was present. The Planning Commissio authored an amendment to the Zoning Ordinance to consider placing churches in an R-IA Use District as a conditional use. The Planning Commission recommended the Council include churches as a conditional use in an R-lA Use District with no additional conditions. The City Planner recommended approval with conditions as outlined in his report of September 28, 1976. I A motion Hobbs to churches voted in Waritz. was made by Councilman Kurvers and seconded by Councilman table action on the Zoning Ordinance amendment to allow as a conditional use in an R-1A Use District. The following favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and No negative votes. Motion carried. VARIANCE REQUEST - SUPERAMERICA STATION: This request is to construct a pump island canopy within the front yard setback of the station. The station is located on Flying Cloud Drive and is zoned R-lA. It is also within the flood plain of the Minnesota River. The Board of Adjustments and Appeals recommended approval with the condition that two 24' x 6' signs be deleted. John Hoganson, Manager of Engineering for Superamerica, was present. The company is willing to work with the Sign Committee to design an appropriate sign. I A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to approve the variance as requested. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Motion carried. LAREDO LANE DEVELOPMENT CONTRACT: The Administrator asked the Council to reconsider certain points in the development contract. 1. The contract assumed that the city would see three year temporary bonds. The city did not do this. This improvement was a part of the 1976 bond issue and the repayment schedule no longer parallels the monies that are being received from the developer. 2. The original contract called for 6.81% interest rate. The bond issue interest rate is 7.5%. 3. The original contract stated that the amount would be paid at the time of building permit and the developer is concerned that this could affect his ability to build spec homes in the area. The developer is willing to amend the original contract to reflect: 1. Equal principal payments with interest to be collected each year over a 7 year period. 2. He agrees to pay an interest rate of 7.5%. 3. The developer agrees to pay the full amount of the assessment at the time the property is sold or when an occupancy permit is given whichever comes first. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to amend the Laredo Lane Development Contract. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Motion carried. I I I I Council Meeting October 4, 1976 -5- RESOLUTION #76-75: Councilman Waritz moved the adoption of a resolution to establish the assessments pursuant to the above council action. Resolution seconded by Councilman Kurvers. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Motion carried. POLICE SERVICE CONTRACT: A letter was received from Carver County dated September 24, 1976, outlining a new proposal for 1977. The Administrator recommended that should the Council approve this proposal, the Council approve it only if the County will in fact drop their mill levy by l~ mills. Also to be included are the other items recommended previously by the Administrator. Councilman Kurvers asked that public relations and education be included in the contract. . A motion was made by Councilman Hobbs and seconded by Councilman Waritz to table action on the police service contract until October 18, 1976. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Motion carried. RED CEDAR POINT STREET IMPROVEMENTS - FINAL ACCEPTANCE: Attorney has negotiated a settlement with Minn-Kota. As settlement the city is responsible for the completion of improvements in Red Cedar Point. The City a part of that street A motion was made by Councilman Kurvers and seconded by Councilman Waritz to accept the street improvements in Red Cedar Point as final. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Motion carried. LAKE ANN INTERCEPTOR: Mayor Klingelhutz attended a meeting at the Metropolitan Council. Lake Ann Interceptor was approved and could be completed by the end of 1979. Mayor Klingelhutz was verbally assured that the interceptor would be built even if federal funds are not available. VARIANCE REQUEST - DWIGHT LEATHAM: Bob Scholer and Dwight Leatham were present requesting a five foot side yard variance to build an addition to the present one car garage. The Board of Adjustments and Appeals recommended approval. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to approve the variance as requested. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Motion carried. TRAFFIC PROBLEM - BLUFF CREEK DRIVE: Councilman Waritz discussed methods of traffic control and the dust problem on Bluff Creek Drive. It was decided to request the police department to make a recommendation on lowering the speed limit and ask them to set up radar on the street. COMMUNITY DEVELOPMENT BLOCKrGRANT APPLICATION: City Staff met with area HUD representatives to discuss the ineligibility of the city application. The HUD people stated it was their error in not catching the allowance for the contract to proceed before approval of the grant had been received. The Administrator asked whether the Council still wanted to pursue contacting the Federal Legislators. Council Meeting October 4, 1976 -6- Councilman Hobbs stated he would like to know how much money the city spent on this application and this should be incorporated in a letter to the legislators spelling out what actually happened. 1977 BUDGET HEARING: The Park and Recreation Commission has asked that Council members attend their meeting Tuesday evening to discuss goals. The Council will discuss the budget on Wednesday, October 6 at 10:00 p.m. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers that the Council hold a hearing on the 1977 proposed budget on Monday, October 11, 1976, at 7:30 p.m. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Motion carried. EAST LOTUS LAKE PROJECT - EASEMENT ACQUISITION: The City Attorney gave a progress report on easement acquisition for this project. There are 82 easements to acquire. Thirty-eight have been completed. Of the 38 easements 30 have been donated. A motion was made by Councilman Hobbs and seconded by Councilman Waritz to adjourn. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. No negative votes. Meeting adjourned at 11:45 p.m. Don Ashworth Clerk-Administrator I I I