1980 10 20
REGULAR CHANHASSEN CITY COUNCIL MEETING OCTOBER 20, 1980
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Mayor Hobbs called the meeting to order at 7:00 p.m. with the following members
present: Councilmen Pearson and Geving. Councilmen Swenson and Neveaux came at
7:20 p.m. The meeting was opened with the pledge to the flag.
APPROVAL OF AGENDA: Councilman Pearson moved to approve the agenda as presented.
Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs,
Councilmen Pearson and Geving. No negative votes. Motion carried.
AWARD OF BIDS - 1981 SEWER CLEANING MACHINE: Councilman Geving moved to award the
bid to Flexible Pipe and Tool Company for a 1981 Sewer Jet Machine in the amount of
$ 21,689.00 including options of a sandblasting kit and left rear and right rear
tool boxes. Motion seconded by Councilman Pearson. The following voted in favor:
Mayor Hobbs, Councilmen Pearson and Geving. No negative votes. Motion carried.
MINUTES: Councilman Pearson moved to approve the September 29, 1980, Council minutes.
Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs,
Councilmen Pearson and Geving. No negative votes. Motion carried.
Councilman Pearson moved to note the September 18, 1980, Lake Study Committee minutes.
Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs,
Councilmen Pearson and Geving. No negative votes. Motion carried.
Councilman Pearson moved to note the October 7, 1980, Park and Recreation Commission
minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor
Hobbs, Councilmen Pearson and Geving. No negative votes. Motion carried.
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BILLS: Councilman Pearson moved to approve the bills dated October 20, 1980;
checks #012089 through #012168 in the amount of $1,206,250.14 and checks #015731
through #015857 in the amount of $437,307.15, and check #012198 in the amount of
$36.00. Motion seconded by Councilman Geving. The following voted in favor: Mayor
Hobbs, Councilmen Pearson and Geving. No negative votes. Motion carried.
PARK AND RECREATION COMMISSION APPOINTMENT:
Charles Koivisto to the Park and Recreation
by Joe Betz. Motion seconded by Councilman
Mayor Hobbs, Councilmen Pearson and Geving.
Councilman Pearson moved to appoint
Commission to fill the position vacated
Geving. The following voted in favor:
No negative votes. Motion carried.
TRI-CITY ANIMAL CONTROL CONTRACT: Councilman Geving moved to enter into a Tri-City
Joint Powers Agreement with the Cities of Chaska and Eden Prairie for the animal
control contract for 25% of the total cost effective January 1, 1981, and direct
the City Manager that costs stay within the budgetary amount. Said agreement
incorporates the City Attorney's letter of October 15, 1980. Motion seconded by
Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux, Geving, and Swenson. No negative votes. Motion carried.
HENNEPIN COUNTY SOLID WASTE SITE SELECTION PROGRAM: The City Manager was directed to
notify Hennepin County that Chanhassen only has four residents in Hennepin County.
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1981 BUDGET - SEWER AND WATER UTILITY RATES, DISCUSSION MWCC REPRESENTATIVE AND
LOCAL LEGISLATORS: Ed Ramsdell, Ray Ohde, Senator Schmitz were present. Discussion
was held on why increases of 30 percent per year continue to be placed against
Chanhassen. Further action was tabled to allow council members an opportunity to
review information distributed by MWCC representatives.
CABLE TELEVISION COMMITTEE REPORT: Tom Hamilton gave a report on the progress of
the committee.
Council Meeting October 20, 1980 -2-
201 ALTERNATIVE WASTE MANAGEMENT GRANT PROGRAM: Pat Murphy and John Stewart
were present.
RESOLUTION #80-41: Councilman Pearson moved the adoption of a resolution
implementing 201 Waste Management Plan for the Bluff Creek area. Resolution
seconded by Councilman Geving. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion
carried.
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RESOLUTION #80-42: Councilman Geving moved the adoption of a resolution
implementing 201 Waste Management Plan for West 96th Street and Pioneer
Trail residents. Resolution seconded by Councilman Neveaux. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson.
No negative votes. Motion carried.
RESOLUTION #80-43: Councilman Pearson moved the adoption of a resolution
implementing 201 Waste Management Plan for Lyman Blvd. area. Resolution
seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion
carried.
RESOLUTION #80-44: Councilman Neveaux moved the adoption of a resolution
implementing 201 Waste Management Plan for Sunset Hill area. Resolution
seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Motion
carried.
LUTHERAN CHURCH OF THE LIVING CHRIST, DONATION TO CITY: Mr. Bob Haak presented I
the Council with a check in the amount of $100 to be used for the Library.
Mayor Hobbs thanked Mr. Haak in behalf of the City.
DYPWICK SUBDIVISION VARIANCE REQUEST: Mr. Dypwick is requesting a variance
to Ordinance 45 to allow him to build a residence on a tract of land in an
unsewered area of the City. The City Attorney discussed the historical perspective
of Ordinance 45 in his letter of October 8, 1980. The property in question
contains 12.925 acres and was created on May 8, 1980 by a metes and bounds
description out of a larger tract of land owned by Roy Teich.
Councilman Neveaux moved to deny the applications for a building permit and
a subdivision of the TeichjDypwick property on grounds that the permit and
the subdivision request violate Section 2.01 of Ordinance 45 in that it's a
subdivision of land in an unsewered area, that it is violative of Ordinance
47, Section 6.05, subsection 6 in that the depth of the lot is greater than
two times its width, that it violates Section 8.06 Subsection b of Ordinance 33
in that the subject parcel does not have the minimum required frontage on a
public road and also that it is violative of Section 8.06 Subsection a 2 of
Ordinance 33 which requires a frontage of 180 feet of a road and that it also
violates Ordinance 33 Section 8.02, Subsection c in that the lot abuts on a
major state road. Motion seconded by Councilman Geving. The following voted
in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No
negative votes. Motion carried.
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NICKOLAY SUBDIVISION VARIANCE REQUEST: Mr. Nickolay is requesting a variance
to Ordinance 45 to allow him to build a residence on a 5.5 acre tract of land
in the unsewered area of the City. The City Attorney discussed the history of
the land title transfers in his letter of August 7, 1980.
Councilman Geving moved to deny the Nickolay building permit application on the
grounds that these requests violate Section 2.01 of Ordinance 45 and violates
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Council Meeting October 20, 1980
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also the following sections of Ordinance 47. Those sections are 6.05 Subsections 5 and
6 and Ordinance 33, Sections 8.06 (b) and 8.06 A(c2). Motion seconded by Councilman
Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,
Geving, and Swenson. No negative votes. Motion carried.
NATURAL GREEN NON-CONFORMING USE PERMIT: David Luse was present. Councilman Geving
moved to table action on reconsideration until Mr. Luse presents the City with a
$1,500 letter of credit. Motion seconded by Councilman Neveaux. The following voted in
favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative
votes. Motion carried.
LARSON SUBDIVISION REQUEST, 6301 CHURCH ROAD: Terri Larson is requesting to be able to
plat Tract D of Registered Land Survey No. 15 into one single family non-buildable lot
to be attached to the lot at 6301 Church Road. The applicant is also requesting to
divide this lot in up to four additional non-buildable lots which can also be sold to
abutting lot owners. The Planning Commission, upon duly holding a public hearing on
the request, recommended that the Council grant approval with the conditions recommended
by staff.
1. That the plat conforms to the proposed subdivision drawing prepared by
Cardarelle and Associates dated August 20, 1980, with the amendment that
the parcel shown as Lot 2 be indicated as Outlot A, and
2. That the applicant enter into a platting agreement with the City of
Chanhassen to be filed with the plat that would designate that no building
permissions are implied or granted in the subdivision.
Councilman Neveaux moved to grant preliminary plat approval in the matter of the Terri
Larson subdivision, Planning Case P-682, and the approval is to create either two
unbui1dab1e lots or six unbui1dable tracts, contingent upon a platting agreement being
signed by the developer setting forth that none of said lots are eligible for a building
permit and that the developer is to return with a final plat electing to go either with
the six lots or the two lots. Motion seconded by Councilman Pearson. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No
negative votes. Motion carried.
KERBER BLVD. BIKEWAY IMPROVEMENT PROJECT: This item was tabled until October 27, 1980.
Councilman Pearson moved to adjourn. Motion seconded by Councilman Geving. The
voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson.
negative votes. Meeting adjourned at 12:00.
following
No
Don Ashworth
City Manager