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1979 07 02 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING JULY 2, 1979 Mayor Hobbs called the meeting to order at 7:00 p.m. with the following members present: Councilmen Pearson, Neveaux, and Matthews. Councilman Geving was absent. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: Councilman Matthews moved to approve the agenda as presented. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Matthews. No negative votes. Motion carried. CONTINUATION OF PUBLIC HEARING SOUTH LOTUS LAKE DRAINAGE IMPROVEMENT PROJECT 78-1 Mayor Hobbs called the hearing to order with the following interested persons present: B. A. Eklund, 411 Santa Fe Trail Mr. and Mrs. William Hensley, 504 Del Rio Drive Mr. and Mrs. C. Kubitz, 7492 Saratoga Drive Mr. and Mrs. T. Brickner, 7494 Saratoga Drive Gary Meister, 7493 Saratoga Drive Peter McKay, 7495 Saratoga Drive Mr. and Mrs. Mark Taintor, 7481 Saratoga Drive Ray Jackson, Schoell and Madson Jack Gill, Schoell and Madson Russell Larson The City has received a petition from property owners along Saratoga Drive feeling that they should not be included in the project. A letter was received from Lauren Hillquist agreeing to the necessity for Lot 12/ Hughes/Erie improvements, but protesting the inclusion of the Mattson improvement. Bill Hensley, 504 Del Rio Drive - I want to go on record, I am against it. I don't feel we should do it. That is personal property that belongs to those people~ if they want it improved let them improve it. I got a water problem in my backyard and I am not coming to the city to get that taken care of. If the City Council does go over the wishes of myself and other people and approve the project, I think it should go out to a city vote as to whether the project would be funded of not, not just assessed. Mayor Hobbs - I think if the City Council decides to approve the project they will do it in the manner that they have done it in the past. Gary Meister, 7493 Saratoga-Drive - I moved in there November 16th so it's been less than a year and I was wondering, would we be assessee for something that's already been completed like the Erie pond? Mayor Hobbs - What we are looking at basically is an overall:s~orm improvement project you would because the pond completion is part of this project and has not been assessed. Gary Meister - Why wasn't our lending institution informed about this when we applied for our loan? Russell Larson - I have no idea what your lending institution inquired of the city at that time. Many lending institutions request a special assessment search, some don~t so I Council Meeting July 2, 1979 -2- have no idea what reguest,if any, your lending institution made to the City. C. Kubitz, 7492 Saratoga Drive - I didnlt hear anything about I Klingelhutz apartments in that reading and the properties that adjoin me that there are no houses on. Right now I have a drainage problem. I have to dig a trench to keep the water off my yard or I won't;have any yard because of the way it's set up. We can't even hold a yard on either side because of the drainage area that's in back of us that comes right down through our garden. Jack Gill - I will go out and meet with these people and take a look at the drainage. I will report back to Don Ashworth. Mark Taintor, 7481 Saratoga Drive - We are among the people that apparently aren't as of right now included in the project. What happens if when the engineer comes out and decides that corner lot really does drain into Lotus Lake, how does that affect us? Russell Larson - He could be back in based on the refinement of the demarkation line as finally determined by the Engineer's by their field inspection. Councilman Neveaux moved to close the public hearing on South Lotus Lake Drainage Improvement Project 78-1. Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Matthews. No negative votes. Hearing closed at 8:05 p.m. SOUTH LOTUS LAKE DRAINAGE IMPROVEMENT PROJECT 78-1: RESOLUTION #79-41: Councilman Pearson moved the adoption of a resolut.ion:' ¡ authorizing the project, items A, B, C, and D in the public hearing notice, and direct the City Engineer to prepare final ·plans and specifications. The City Attorney is directed to conduct preconstruction appraisals and obtain the Glenn Mattson easement at no cost to the project. Resolution seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Pearson, and Matthews. No negative votes. Motion carried. I PUB LIC HEARING CHASKA ROAD WATERMAIN EXTENSION Mayor Hobbs called the hearing to order at 8:30 p.m. with the following interested persons present: Wm. and Nancy Swearengin, 6250 Chaska Road Robert Sommer, 6239 Chaska Road Ray Jackson, Schoell and Madson Jack Gill Schoell and Madson The Council previously received a petition to extend the watermain. A feasibility study was corrpleted. The Council determined to carry out approximately 300 feet of the study. Another petition has been received requesting extension of the watermain. Ray Jackson presented the updated feasibility study. The total estimated cost for the extension is $22,140. Robert Sommer - What I am recommending, if this is going to be done, let's do it nCM while the cost is lower. I Nancy Swearengin - I think our biggest concern is that you subdivide the frontage I I I I I Council ~1æting July 2, 1979 -3- rr::M, because really it I S for Mr. Somœr' s at this point that this water would go in, we are going to be penalized for him developing his land. Russell Larson - I think what she is referring to is that these are metes and bounds subdivisions of lots in which she is suggesting that these lots should be platted and plats filed. Don Ashworth - You did approve a one lot subdivision for Mr. Samrer. This was a hardship issue with the request by the City Council that if any additional lots be sold that the plotting be continued. Since that point in time Mr. Somner has been back to the Planning Camnission a nurrber of tirres in regards to potential platting of the rear portion. As far as additional lots, none have been approved. He is going through the platting process. Bill Swearengin - His costs for the water are going to be paid for imœdiately because he is selling the lots. We just put a new well in and we don't plan to subdivide at all but we are still going to have to pay for the sane type of footage. Nancy Swearengin - He would only be assessed four units but he is going to have nine. This is what we don I t feel is fair. Other than that we are not against it. Councilman Neveaux - I think until we see what that developrrent is going to end up at, we have already told him that the one lot that we alla;ved last year can get water from the existing extension passed the SWeiger property any further extension I want to see the subdivision plans. This whole thing is premature. Councilman Pearson rroved to close the public hearing. Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, CounciJmen Pearson, Neveaux, and Matthews. No negative votes. Hearing closed at 9:00 p.m. CHASKA ROAD WATERMAIN: Councilman Neveaux nDved to table action on this for a period not to exceed five nDnths at which time the Council may have an opportunity to review what developrrent plans ML. Somœrhas with Lots B and C. MJtion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, CounciJmen Pearson, Neveaux, and Matthews. No negative votes. MJtion carried. 1979 GENERAL OBLI GATION TEMPORARY BONDS: Bob Sander and Andy Merry of Juran and Moody were present to open and review bids. The following bids were received: Dollar Cost Net Interest Rate The Bank Northwest $3,237,000.00 5.7363% Dain, Kalman and Quail $3,278,550.00 5.7166% Continental Illinois Nat'l. Bank $3,275,250.00 5.95 % RESOLUTION #79-42: Councilman Neveauxmoved the adoption of a resolution authorizing the sale of $3.3 million general obligation temporary bonds of 1979 to Dain, Kalman and Quail at a price of $3,278,550.00. Resolution seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Matthews. No negative votes. Motion carried. RESOLUTION #79-43: Councilman Matthews moved the adoption of a resolution authorizing the issuance of $3.3 million general obligation temporary bonds of 1979, prescribing thei r terms and form, and provi ding for their payment. Resol uti on seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Matthews. No negative votes. Motion carried. Council Meeting July 2, 1979 -4- CONTINUATION OF BOARD OF REVIEW MEETING: Margaret Julius of the Carver County Assessor's office was present to respond to questions raised during the Board of Review hearing held June 13, 1979. Her inspection of the individual properties resulted in a recommendation to reduce the value on the John Higgin property with all other properties remaining as set. Councilman Pearson moved to close the Board of Review meeting. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Counci lmen Pearson, Neveaux, and Matthews. No negative votes. Hearing closed at 9:30 p.m. I NON-CONFORMING USE PERMIT - BALTIC CORPORATION: The Council received a letter from the Gene Conner1s and Robert Wagner's suggesting possible changes to the non-conforming use permit. Gr.eg Gustafson and Lon Holthe were present. A petition signed by area res i dents was received stat ing they object to thenon'-conforming use permi t. A 1 etter was received from the William Suman's asking the Council to proceed with caution on the issuance of the permit. Many residents of the area were present. The proposed non-conforming use" permit was discussed. Secti on 3. Permit and Conditi ons. 1. The site shall be rehabilitated and cleared of all nursery accessory buildings and structures, above ground fuel tank, tractors, vans, trucks, camper tops, tractor bodies, pallets, steel piping,nurserymateri"als,timbers, machines, vehicles, junk and debrts~ and" shall be improved and landscaped in accordance with the site plan/landscape plan designated as Exhibit A herein. The existing driveway shall remain in its same location. In addition to the installation of the landscaping set forth on Exhibit A herein, Kreslins and Baltic shall install and properly maintain, replacing as necessary, plantings along the south property lines of the premises to screen the premises I as effectively as possible from the view of residential sites and street traffic lying southerly of the premises. All such plantings shall be as recommended by the City Forester and approved by the Council. Said plantings may be placed within the street right-of-way with the approval of the City Street Maintenance Department. The said site improvement and landscaping shall be completed and installed by November 1, 1979. 2. The incidental alterations to the principal structure shall be made strictly in accordance with the floor plan designated as Exhibit B herein and shall be completed and installed by November 1, 1979. The presently existing canopy on the front of the principal structure, garden structure, and the lean-to structure at the rear thereof shall be removed as a part of the permitted incidental alterations. 3. The exterior of the principal structure shall be cosmetically renovated in accordance with the exterior elevations plan designated as Exhibit C herein, and shall be completed and installed by November 1, 1979. 4. Exterior lighting of the premises and all signs thereon shall be as approved by the City Council. 7. The driveway and parking area shall be constructed with bituminous curb and gutter and bituminous surfacing, the specifications for which shall be as directed by the City Engineer. Motor vehicle parking upon said premises at anyone time shall be limited to 13 private passenger vehicles, which shall include employee parking, and two parking spaces for the handicapped. All parking shall be limited to the spaces designated. I 8. I I I Council Meeting July 2, 1979 -5- Except for trucks furnishing essential services to the premises, no commercially licensed vehicles shall be allowed. 12. The principal structure on said premises shall be connected to sanitary sewer and municipal water systems of the City prior to occupancy. 13. For the purpose of assuring to the-City that the site and landscaping improvements to be carried out by Kresl ins and Baltic are installed and furnished as set forth herein, Kreslins and Baltic shall furnish to the City either a cash deposit, a corporate surety bond approved by the Ci ty Attorney and naming the City as obl igee thereunder, or an irrevocable letter of credit approved by the City in the amount of 110% of the estimate as furnished by the City Engineer. 14. It is intended that the premises shall be used by Kreslins and Baltic solely as the business office of Baltic, for its finance and insurance operations, which use shall not involve retail traffic on said premises. No part of the premises shall be leased to other persons, firms or corporations, without the prior written consent of the City. 15. For the purpose of insuring compliance with its terms, the within permit shall be reviewed by the City Council at the first regular Council meeting following the first anniversary date of the permit. Mr. Gustafson, Attornéy for Baltic, stated they were in agreement with the terms of the permit and the amendments as proposed this evening and listed above. Councilman Neveaux moved to adopt the non-conforming use permit, Planning Case P-619, according to the Assistant City Manager/Planner's memorandum of June 28, 1979, with the conditions as discussed this evening and as amended this evening. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Matthews. No negative votes. Motion carried. PRELIMINARY DEVELOPMENT PLAN - CHAPARRAL: Councilman Pearson moved to approve Chaparral Phase II prel iminary development pl an based on the Ass is tant City Manager/ Planner's letter of June 28, 1979, and direct staff to prepare the necessary development contract and direct the city engineer to prepare improvement cost estimates for the performance bond provisions. Further the conditions set forth at the June 27, 1979, Watershed District meeting be included. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Matthews. No negative votes. Motion carried. Counci 1 man Pearson moved to all ow New Hori zon Homes, Inc. to buil done townhome and one twinhome models conditioned on no;saleoro~-cupal9cyC\tf1tnmunjcipal sewer and water are connected. Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Matthews. No negative votes. Motion carri ed. CHANHASSEN LAKES BUSINESS PARK - DEVELOPMENT CONTRACT AND COVENANTS: Ed Dunn and Julius Smith were present. Council members discussed the development contract and made the following changes. 3.06 Street Lighting. The expense of furnishing electrical energy for street lighting purposes within the plat shall be assumed by the City 36 months after the completion of installation of the street lighting system, or after 50% of the commercial and industrial building sites have been improved by the construction of commercial or industrial buildings thereon, whichever is first to occur. 3.08 Liability Insurance. The Developer shall take out and maintain, so long as the Developer's obligations continue under this agreement, public liability and property Council Meeting July 2, 1979 -6- damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer1s work or the work of its subcontractors, or by one directly or indirectly employed by any of thein. Limits I for bodily injury or death shall be not less than $300,000 for one person and $500,000 for each accident; limits for property damage shall be not less than $100,000 for each accident. The City shall be named as an additional named insured on said policy, and the Developer shall file a copy of the insurance coverage with the City. Councilman Neveaux moved to amend 3.09 Building Permits. No building permits shall be issued for construction on individual lots prior to the completion of the public improvements as provided in Project 78-3, or, in the alternative, unless the City Council shall make a determination that said public improvements will be completed prior to occupancy of the principal structures upon individual lots. Applicants for all building permits shall be bound by all applicable building application requirements of the City, including City approval of site plans and building design and construction as required by #9.06 of theChanhassen Zoning Ordinance and other appropri ate secti ons. Motion seconded by Council man Matthews. The foll owi ng voted in favor: Councilmen Pearson, Neveaux, and Matthews. Mayor Hobbs voted no. Motion carried. 3.11. 1. Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within ten (10) days after receipt by the Developer of written notice thereof, the City, if it so elects, may cause any of the required improvements to be constructed and installed, or may take action to cure said default, and may cause the entire cost thereof, I including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under Minnesota Statutes, Chapter 429~ tn which case the Developer agrees to pay the entire amount of the assessment roll pertaining to any such improvement within 60 days after its adoption. In addition, Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer1s real property within said plat for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic1s liens under the laws of the State of Minnesota. In the event of any emergency, as determined by the City Engineers, the notice requirements to the Developer shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. 4.01. Lot 9~ Block 1, Service Road Access Easement. There shall be dedicated on the final plat a service road access easement 50 feet in width on Lot 9, Block 1 for the exclusive use of the owners of Lots 8, 9, and 10, Block 1, for ingress and egress purposes to Carver County Road No. 17. The location of said easement on Lot 9 shall be located and constructed as recommended by the City Engineers and approved by the City. Said service road shall be constructed and maintained in a good state of repair by the Developer, its successors and assigns. 4.04. Development Phases. The platting and development of the aforesaid 31 lots I into five blocks for commercial and industrial sites shall constitute Phase I of Chanhassen Lakes Business Park. Outlots D, F, and I as depicted on said preliminary plat are reserved by Developer for future subdivision, platting and development in successive phases. I I I Council Meeting July 2, 1979 -7- 4.06. Outlots A, B, C, E, H, & J. Upon the filing of the final plat with the Carver County Recorder, Outlots A, B, C, E, H, & J of the Plat shall be conveyed forthwith by warranty deed, free of all encumbrances, by the respecti ve fee and contract for deed owners thereof, to the City without cost to the City for use by the Ci ty for sanitary sewer trunk lines, storm water holding areas and ponds, and soil and water conservation Bre~s. Councilman Neveaux moved to approve the covenants and restrictions -as amended. following voted in favor: Mayor Hobbs, negative votes. Motion carried. development contract as amended and the proposed Motion seconded by Councilman Matthews. The Councilmen Pearson, Neveaux, and Matthews. No SPECIAL MEETING - RILEY PURGATORY CREEK WATERSHED DISTRICT: The Council set July 11 at 6:00 p.m. for a joint meeting with the watershed district. PLANNING COMMISSION RESIGNATION: Councilman Neveaux moved to accept Mal MacAlpine's resignation and direct the City Manager to send him a letter of commendation. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Matthews. No negative votes. Motion carried. CONSENT AGENDA: Mayor Hobbs asked if any council member wished to discuss any items on the consent agenda. As no additional comments were received, Councilman Pearson moved to approve the following items pursuant to the City Manager's recommendations: a. Hesse Farm Phase II, Extension of Final Plat Requirements. b. Temporary Loan Agreement, General City Funds to HRA Tax Increment Fund. Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Matthews. No negative votes. Motion carried. Councilman Pearson moved to adjourn. Motion seconded by Councilman Matthews. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Matthews. No negative votes. Meeting adjourned at 12:00. Don Ashworth Ci ty Manager