1969 04 14CONTINUATION OF MARCH 17, 1969, PUBLIC HEARING ON
PRELIMINARY PLAT "OAKMONT ADDITION" HELD APRIL 14, 1969
The Chanhassen Village Council met on April 14, 1969, at.8:00 p.m. for
the purpose of continuing a public hearing on the.proposed Oakmont
preliminary plat. The following members were present: Mayor Coulter,
Councilmen Hill, Pearson, and Klingelhutz.. Councilman Bennyhoff was
absent. Councilman Klingelhutz chaired the meeting.
The Administrator read the minutes of the March 17 meeting to inform
all present what had happened at the prior hearing.
Mr. Don Berg, District Soil Conservationist, gave a report on the soil
survey dated November 1968 for Carver County and explained the soil
conditions in the Oakmont area.
Mr. Lybeck read a letter dated April 9, 1969. "Last fall we had a
meeting to discuss the feasibility of building a sewer line to my
addition, Oakmont, in the Village of Chanhassen. Mayor Coulter at
that time requested that I contact some of the property owners that
would be serviced by this line to get their reaction as to whether
they were favorably inclined for it. The following is a report of
my progress to date. Herb Bloomberg, Len Swedlund, Jack Clapp and
myself are very much in favor of it. I have also talked to Earl
Emmer and Dick Lyman, who have stated they are not necessarily in
favor of sewer coming through at this time, but they will not oppose
it, as they feel it has to come in the near future anyway. All of
the above would naturally pick up any financial obligations that would
be assessed against their property. I know there has been some concern
on your part on the soil conditions at Oakmont. Soil tests have been
made on all but one area which borders between Blocks 10 and 11, which
would be in our Second Addition., Soil conditions in all proposed lots
are acceptable for building. Where we have not made percolation tests
because it is not feasible, we will abide by Village.ordinance. As
to the pollution of Lakes Ann and Lucy, we will not any lot
on either lake where there would be question as to our polluting
the lakes."
Mr. Farrell the District Director of the Minnesota Conservation
Federation, "this is not an agency of the State of Minnesota" the intent
of this Federation is to preserve the natural resources of the State of
Minnesota. The following statement was made by Mr. Farrell: "The
Village of Chanhassen is sitting on the crossroads of progress. The
method of measuring progress, however, is what we are here about tonight.
At issue is the idea that the citizens of Chanhassen and indeed the
entire State will either sit be and give up one of its irreplaceable
assets or it will speak out and refuse to have a miniature Lake
Minnetonka in the Village of Chanhassen. I speak for the ten thousand
plus members of the Minnesota Conservation Federation and say that
the Village Council will be foisting upon itself and the residents of
Chanhassen a load of unsolvable responsibility that neither one can
shoulder. Lake Ann and Lake Lucy are assets to the Village of Chanhassen
just as surely as all the business developments and new homes being
constructed. Long range planning has been under .discussion concerning
the growth of the Village and the methods best used to attract homeowners
and industry. The very attractiveness of the Village is its low key
living atmosphere and relative removal from the problems of poorly
planned communities. Of primary importance in luring new residents is
the availability of recreation areas and homesites free from poor planning
and never encling problems of sewage and poor location. The progress
previously mentioned is the methods followed in issuing building permits
and the foverning of uses of the natural resourses of the area. In earlier
meetings the Park and Recreation people have outlined an ambitious pro-
gram of Park development and asked for Village,Council support their
plans. They recognize the value of the lakes Ann and Lucy in the overall
analysis have included.it in.their Park Program. They"are correct
in putting it in the plans, because they - belong - to the entire population
of Chanhassen and indeed the people of the State of A plan
has been to build homes on the lake shore of these lakes. , For the
first time in recent history of lakes of - Minnesota, - a' time is at hand
when someone can say no, this.is.the property of all the people and we
will not allow .a non replaceable asset to be ruined_for the benefit of a
few and have the clean up` - fall on the shoulders of the entire population.
The very fact that a lake exists in this area'is because there is no adequate
drainage for the water. You have heard the report of your Park man, Ed
Siem of the soil make up of the:. area. The drainage from septic tanks and
drainfields can go noplace except into the lake. In the three years that
I have fished in Lake Lucy I have seen it going downhill every year. I am
not a water scientist, but it isn't easy to.ignore the fact that more and
more of the lake being choked - .off by -weed growth._.I. am however versed
in the facts of life on wildlife and I can relate a few things to you. The
areas open to wildlife in this country are growing_ smaller and smaller
every year. '.Mr. Lybeck asked the question, who do we want to enjoy a swamp
more, the people or the birds? To this:I answer that without a swamp,
everybody loses: The state education office has three bills before the
legislature now for - funds for conservation education. These funds are
requested in the hope that our young people can be given the message about
education in Conservation.matters so,that energetic developers will not
turn our countryside'into'ope.nsewers and - windblown fields. - The area
between the lakes is a prime resting area for the graceful wood duck.
The swamp Harbors pheasants and songbirds and small animals. The proposed
dredging of,the lake. 'shore will seriously,imbalance Ecology of the lake
and kill the.Bluegills, Northern Pike; Smallmouth,Bass and Largemouth Bass
and encourage the`rough'fish population' - until it is not - for any type of
recreation even for the new residents of the Village. When - the screaming
starts., the entire Village will be faced with the expense of cleaning up
the lake.- The,lake is now going down hill, sewers are not forseen at the
earliest for years, suppose.tYiey_ are delayed for some reason? You
have all had septic tank problems. You can only imagine the situation
in Lake Ann and Lucy should we.be.hit with septic tank failures. I tell
you again that - Chanhassen is at the crossroads. They can be the turning
point in the senseless waste of our few remaining natural resources, and
the people of 'the Village can throw away their personal- claim to the clean
water they are entitled to. But remember', once gone, you cari never get
it back If not for yourselves, save these lakes for your children and
their children. Make the area into a part then govern the -uses of
the lake for the"'benefit of all our people."
Mr. Lybeck,again stated that he would not build until sewer was available
if there was -a possibility of polluting the lakes._
Councilman Klingelhutz stated -that he felt that the Village must protect
the future owners"of these lots.
Public Hearing, April 14, 1969 -3-
Mr. Bernard Schneider, President of Chanhassen Chamber of Commerce,
stated the Chamber of Commerce supported this preliminary plat assuming
that the developer had submitted the necessary details required by Village
Ordinances. The Chamber of Commerce that if the developer complied
with the ordinances and the engineering that this development would be
good for the Village of Chanhassen.
Mr. Evans asked the question, is the Village putting in the water and
sewer for this area? Mayor Coulter read his answer from a proposed
financing policy from the Village Fiscal Agent. "Recognizing that
the Village is at the threshold of an improvement program for water,
sanitary sewer and streets which will extend over at least the next decade
and can be expected to involve several millions of dollars, it is important
that at this beginning stage policies be developed for the financing of
these improvements. We feel that it is of paramount importance that
these policies should be such that the Village reserves its borrowing
capacity to the fullest extent possible for those facilities which are
of community -wide benefit, such as parks. It is also our belief that
the Village should not place itself in the role of banker for the benefit
of private enterprise. To the fullest extent possible, financing of
improvements should be met from private sources without resort to
municipal credit. However, in the development of policies the Village
must need to be careful not to unduly restrict orderly growth and
development and, of course, its policies should not be confiscatory."
Mr. Evans asked, does our Council in the absence of sewer have the
right to approve lots of this size as proposed in this preliminary plat?
Councilman Klingelhutz stated that the Village Sttorney would make a
final statement in regards to the legal questions on this preliminary
plat..
Mr. Al Harvey would like to know when would the sewer trunk line be
put in, who would order it, and how would it be paid for?
Mr. Russell Larson, Village Attorney, stated that Section 2 of the
Platting Ordinance No. 33 provides that all land subdivision within the
Village shall equal or exceed the standards setforth in the ordinance.
Section 6:01 (e) provides that the Planning Commission shall hold the
public hearing on the preliminary plat within 30 days after the plat
is filed with the Clerk. He also stated that the Platting Ordinance
provides that if the subdivider is not the owner of the land, the
subdivider shall submit the written consent of the fee owner to the
filing of the preliminary plat. Section 8.06 (a2) provides that in
areas not served by public water and sanitary sewer no lot shall be
developed for residential purposes unless it contains a minimum of
30,000 square feet of land and has a frontage of at least 180 feet at
the building setback line. Section 9.01 states that upon receipt of
preliminary approval of a plat by the Village Council and prior to
Council approval of the final plat, the developer shall make provision,
in the manner hereafter setforth, for the installation, at the sole
expense of the developer, of such improvements as shall be required by
the Village. The Attorney further stated that the nature and extent
of any dredging should be submitted to the Conservation Department and
permits, therefore, should be obtained by the developer. A number of
other miscellaneous points covered in the Platting Ordinance were
pointed out by Mr. Larson.
Public Hearing, April 14, 1969
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Mr. Oberhauser, Attorney for_Mr. Lybeck, asked of the Village Attorney,
aren't many of these questions that you have raised to be answered by
the development contract after the preliminary plat has been approved
and prior to the final approval of the plat? Attorney. Larson answered
yes, but there should be a general agreement prior to the approval
of the preliminary plat.
Mr. Robert Lindahl asked, I am wondering whyyouu are pressing for the
larger lot size if you do desire to have municipal water and sanitary
sewer to all future plats? Answer by Mayor Coulter, we are studying
the feasibility of serving this area with sanitary sewer but no decision
has been reached-at this time.
Mr. Evans questioned Mr. Lybeck if you develop these in lots of 30,000
square feet or more you would not require any variances? Mr. Lybeck
answered this is so, but I feel the average future home bought in this
area does desire the lot size that I have proposed on this plat instead
of large lots which would be difficult to maintain.
Mr. Harvey Will asked of Mr. Lybeck, what other subdivisions.have you
developed yourself? Answer by Mr. Lybeck, as I have stated before, I
have not undertaken a.development of this size before. I have invested
in other developments but not`as the major investor.
Mr. Ed Seim stated that planners have stated that this type of
development is outdated. This type was well accepted in the 40's and
in some cases in the early 30
Mrs. deLancey asked of the Village Attorney, would the unplatted land
pay for the sanitary sewer trunk line at a different ratio? Answer
was that all areas within this drainage area would ultimately pay
the same, however, agricultural land desiring to use the Green Acres Law
could not be assessed until it was- developed.
Mr. Len Swedlund stated that he was amazed and discouraged. Mr. Swedlund
owns approximately 400 acres in the Village of Chanhassen and has owned
this for approximately.eight years and would be planning to develop
this land in the future. The serving of sewer to the fringe areas
should be upmost in the Village Council's mind.
Public hearing adjourned 10:10 p.m.
Adolph Tessness
C- lerk - Administrator
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