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1976 11 15 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING NOVEMBER 15, 1976 Mayor Klingelhutz called the meeting to order at 7:30 p.m. with the following members present: Councilmen Hobbs, Neveaux, Kurvers, and Waritz. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to approve the agenda as presented. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. MINUTES: A motion was made by Councilman Hobbs and seconded by Councilman Waritz to approve the November 1, 1976, Council minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. Amend the special Council meeting minutes of November 4, 1976, by changing the word "Bicentennial" to "Biennial". A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the November 4, 1976,· Council minutes as amended. The following voted ih favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to note the October 27, 1976, Planning Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. AWARD OF BIDS - SNOW PLOW: Four bidS were received for a snow plow. The Administrator recommended the Council accept the low bid of Hayden- Murphy in the amount of $2,645.00 less the mounting charge of $250.00 for a total net bid of $2,395.00. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to accept the City Administrator's recommendation of November 15, 1976, in regards to awarding the bid to'Hayden-Murphy in the amount of $2,395.00. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, andWaritz. No negative votes. Motion carried. CHAN VIEW - NO PARKING: Councilman Waritz moved the adoption of Ordinance 3-G prohibiting parking on part of Chan View. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. BILLS: A motion was made by Councilman Kurversand seconded by Councilman Waritz to approve the October bills as presented. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. ZONING ORDINANCE AMENDMENT, CHURCHES IN R-IA DISTRICT: The Administrator recommended approval of the ordinance amendment. The City Attorney recommended the Council delay action until the Council has a definition of churches. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to table action on the final reading on the Zoning Ordinance amendment in regard to the allowance of churches in an R-lA District until December 6, 1976. The following-voted in favor: Mayor Klingelhutz, Councilmen City Council Meeting November 15, 1976 -2- Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. VARIANCE REQUEST - JOHN SNYDER: Mr. Snyder is requesting a four foot I front yard variance on his property at 221 Chan View. The Board of Adjustments and Appeals recommended approval. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve a four foot front yard variance for John Snyder on Lot 6, Block 1, st. Hubertus. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. CONTINUATION OF PUBLIC HEARING PARKING LOT IMPROVEMENTS PAULY/KOLTYK PROPERTY NOVEMBER 15, 1976, AT 8:15 P.M. Mayor Klingelhutz called the continuation of public hearing to order with the following members present: Councilmen Hobbs, Neveaux, Kurvers, and Waritz. Charles Kallestad and Herb Bloomberg were present. The Administrator reported that staff had met with Harry Pauly and Ann Koltyk to review the staff recommendation. He came away from that meeting with the feeling that both felt the staff recommendation was acceptable although they did have minor questions. Charles Kallestad - I am not quite clear on how the Koltyk property I fits in with Pauly's property because it is my understanding that the Koltyk property has sufficient parking in itself to qualify under the existing ordinances. I don't understand how she got into having to share the whole thing with Pauly who evidently has a little tiny piece abutting his property and the village has the property immediately behind that. I was told by my manager that they were proposing to close off the front entrance. I can't see any valid reason for that. Mayor Klingelhutz - I guess the thinking on that was the way the cars were placed in there, there would only be about 16 feet of space between the last parking space and that exit onto main street and that wouldn't be sufficient room for people to exit out of there. Don Ashworth - Mr. Kallestad should be aware of one item and that is that in the approval of the liquor license when the transfer occurred, that the Council did state at that time that we wanted to see improvements made in the I parking area and that if the Pauly/Koltyk proposal went through that that would totally meet the needs that there wouldn't be a problem. If that did not to through then that parking issue would be brought back up again and it would fall back on yoursèlf. You may have a contract arrangement where you can go back on Ann. We recognize that you had the parking I I I -3- Public Hearing Minutes November' 15, 1976 but we were worried, ât that time, of a long strip of parking rather than putting the thing in an overall plan. Charles Kallestad - I don't understand why the exit would be closed off. Don Ashworth - The staff position was one of the conflict between pedestrian traffic and vehicular traffic. That is an area where you do have a number of people walking. In addition there was a problem of maneuvering ability with the last row of vehicles. We have attempted to keep the parking in the rear of the building and discourage traffic from coming next to the side of the building. Charles Kallestad - Personally I would be against leaving that thing out just because of the future right-of-way to. get in there. I will talk to Ann about that and give her my view on that and I guess maybe talk to Mr. Pauly. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to close the public hearing. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Hearing closed at 8:35 p.m. Don Ashworth Clerk-Administrator REGULAR CHANHASSEN CITY COUNCIL MEETING NOVEMBER 15, 1976 PAULY/KOLTYK PARKING LOT: Mr. Kallestad will meet with Harry Pauly to try to resolve the parking lot issue. Council members feel the city property should be leased for parking purposes. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to table action on this until the first meeting in December but at such time if there is not representation from all parties concerned or the problem is not solved the Ci~y will proceed to make this a public parking lot and assess it against the benefitting properties. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. ECKLUND AND SWEDLUNDPRD: Dick Knutson and Len Swedlund were present. Council members discussed the joint meeting held with the Planning Commission and also discussed Revised Sketch Plan F. Dick Knutson - We got the as built on the sewer information from Schoell and Madson and the sanitary sewer as it affects the lots we would request that we would be allowed to fill a small portion of the marsh so it would be buildable so that we would have from the st.reet right-of-way back to where the sewer would be approximately 90 feet. We would have to do SOme re-arranging of the lots because of where the sanitary sewer is. We don't see that as a problem as long as we are able to fill a small amount. This plan is one that we worked out, it's a small revision to one that we worked out with the ,staff, with the city attorney about two months ago, and in it. we could live with this type of dedication but we would request, if possible, that we - City Council Meeting November 15, 1976 -4- could build a lagoon that would be hidden from the shore. That there would be 60 feet of rushes that would be along the shore as an alternate plan. This one we'would build tomorrow if it was approved. The alternate plan presente~ (SketchPlanG revised November 15, 1976) has six less lots than Sketch Plan F. It has eight lots on the south side of purgatory Creek and park land on the top of the hill. Council members generally liked Sketch Plan G and encouraged the developer to include more lots on the hill instead of the park land. The Council took no action awaiting staff comments at the first meeting in December. 1976 ASSESSMENT PROJECTS - SENIOR CITIZEN AND HARDSHIP DEFERRMENT REQUEST: JEUNER F. ERNST: Councilman Kurvers moved the adoption of Resolution #76-85 deferring 50 per cent of the assessment and that the interest rate on the assessment be the same as that levied on other assessments, that being 7~ per cent. Resolution seconded by Councilman Neveaux. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. EAST LOTUS LAKE - SANITARY SEWER ALTERNATE CONNECTIONS: The City Attorney reported on his negotiations with the City of Eden prairie for connection to their sewer line. The Council suggested he negotiate between $60,000 to $65,000 for ten or 15 years at no interest so that the present value is $45,000 or less. EASEMENTS - EAST LOTUS LAKE: The city has received donations of 36 easements and have paid out on 16 easements $5,934.25. Mr. Danielson submitted a proposal whereby the City would vacate Baldor Street and a 50 x 150 foot portion of Horseshoe Curve ,in exchange for his easement. The City Engineer has prepared an~lternate route for this sewer line which would include house pumps to three homes instead of a gravity line. Council members feel the street vacation should not be a consideration in the easement acquisition. The Council felt that Messrs. Danielson, Ofstie,and Brozovich should meet and submit proposals to the Council. A motion was made by Councilman Waritz and seconded by Councilman Neveaux to table action until further information is forthcoming. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. I I PUBLIC FACILITIES STUDY COMMITTEE: The City has'received'a request from st. Hubert's asking for the city's needs or recommendations relative to usage of the old st. Hubert's Church building. Staff recommended a study committee be established ,to review potential usage of this building in addition to potential other uses in the community. Mary Klingelhutz and Paul O'Dell, committee members I from St. Hubert's, were present. Councilman Waritz volunteered to be on this interim committee. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to direct the City Administrator to prepare a resolution establishing an interim public facilities study committee and I I I I I . City Council Meeting November 15, 1976 -5- advertise for members. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. FILL PERMIT - HERBERT BLOOMBERG: During the construction of the East Lotus Lake Project dirt was placed on a portion of the Bloomberg property. Staff feels the fill will have to be removed unless the Council acts to approve a fill permit. Mr. Bloomberg was present requesting approval of a fill permit. If the Council determined to allow the fill staff recommended it should be conditioned upon the following: 1. The applicant pay the fill permit for fill placed to date. 2. No further fill shall occur on the site prior to subdivision of the property and the conditions established for such. 3. In the event that the fill placed to date is determined to be incompatible to the city in the eventual subdividing of the area, the applicant agrees to accept the responsibility of having the material removed at his own expense. 4. Additional drainage from the fill that has been placed will be diverted to the north. 5. The applicant agrees to the above conditions in writing. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to grant a fill, permit to Herbert Bloomberg as outlined in the Administrator's letter of November 15, 1976, with the stipulation that additional drainage from the fill that has been placed will be diverted to the north. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Waritz. Councilman Kurvers abstained. Motion carried. TROLLS-GLEN - DEVELOPMENT CONTRACT AMENDMENT: Mrs. Peterjohn was present requesting a delay in paving the street in Trolls-Glen until the spring of 1977. Staff recommended denial of the request. The City Engineer stated this is really a maintenance problem as the concrete curbs stick up and may be damaged by a snow plow this winter. The Peterjohns will be responsible for any damage that may occur. Mrs. Peterjohn stated she recognized this. A motion was made by Councilman Hobbs and seconded by Councilman Waritz to approve an amendment to the Development Contract for Trolls~Glen First Addition delaying the paving until the spring of 1977 with the condition that the Peterjohns realize the potential problems the city will have in maintaining those roads over the winter and the fact that they will be responsible for any damage therefore incurred. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Waritz. Councilman Neveaux voted no. Motion carried. Mayor Klingelhutz called a special meeting for Monday November 22, 1976, to discuss the 1977 Police Contract. A motion was made by Councilman Waritz and seconded by Councilman Hobbs to adjourn. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Meeting adjourned at 12:30 a.m. Don Ashworth Clerk-Administrator ...