1978 01 23
SPECIAL CHANHASSEN CITY COUNCIL MEETING JANUARY 23, 1978
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Mayor Hobbs called the meeting to order at 7:30 p.m. with the following members
present: Councilmen Pearson, Geving, and Waritz. Councilman Neveaux was absent.
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, Geving, andWaritz. No negative votes. Motion carried.
MINUTES: Councilman Geving moved to approve the January 9, 1978, City Council
minutes. Motion seconded by Councilman Pearson. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion
carried.
Councilman Pearson moved to note the December 14, 1977, Planning Commission minutes.
Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried.
Counci Iman Pearson moved to note the January 11, 1978, PI anning Commission minutes.
Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried.
Councilman Geving moved to note the November22,1977,EcolDgi~al Committee minutes.
Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried.
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Councilman L~aritz moved to note the January 5, 1978, Community Facilities Study
Committee minutes. Motion seconded by Councilman Geving. The following voted in
favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes.
Motion carried.
HEALTH OFFICER: Councilman Geving moved to appoint Dr. Richard Olson
Health Officer for 1978. Motion seconded by Councilman Pearson. The
voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz.
votes. Motion carried.
as City
fo 11 owi ng
No negative
CITY AUDITOR: The City has received a proposal from M. J. Long Company to
complete auditing ser~ice for 1978 in the amount of $5,900.DO.
Councilman Pearson moved to accept the bid of ~1. J. Long Company for City Auditor:
Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried.
BRLS: Councilman Pearson moved to approve the bi 11 s as submitted. Moti on
seconded by Councilman Geving. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Geving, and Warftz~,vNonegative votes. Motion carried.
AMEND DEVELOPMENT CONTRACT - REICHERT'S ADDITION: Bruce Thompson, Attorney, and
Mr. and Mrs. Nicolay were present to discuss proposed amendments to the development
contract.
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Councilman Pearson moved to approve the amendment to the development contract for
Reichert's Addition subject to the four conditions in the City Manager's letter
of January 23, 1978, and the City Attorney~S'letter of January 11, 1978. Motion
seconded by Councilman Gevi ng. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Geving, and Waritz. No" negative votes. Motion carried.
MORATORIUM ON BUILDING IN UNSEWERED AREAS OF CHANHASSEN: On May 9, 1977, the
Council enacted an ordinance prohibiting construction in the unsewered areas
Council Meeting January 23, 1978
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of Chanhassen. This ordinance was effective through December 1977.
The Planning Commission and staff requested the Council extend the moratorium
until March 31, 1978, so that the Planning Commission can complete its
recommendation.
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Al Klingelhutz spoke in opposition to the extension of the moratorium.
IIWe all realize that people have different types of beliefs in the way they
want to 1 ive in a community. We have had from the early part of May 1977
until December 31, 1977, a moratorium and haven't seen any results from the
Planning Commission. I believe that with this moratorium you are taking
certain constitutional property rights away from citizens of Chanhassen and
depriving good people from building homes in Chanhassen who are going elsewhere
at this time where they can find lots of larger size to build on. I think
it's quite urgent that the Council sees to it that sometime in the very near
future that this will be provided for or reverted back to old Ordinance 45
which did have these provisions in it. 'I
Harold Hesse expressed concern about the moratorium. III can understand that
you need the co<ntrol but I hope you don't become so closed minded as to feel
that anyone in an unsewered area or larger lot should be refused this
opportunity because you are going to lose the buyer to somewhere else.'1
Councilman Pearson moved to waive the procedural requirements in the Council
Procedures Ordinance for first and second reading. Motion seconded by
Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen
Pearson, Geving, and l~aritz. No negative votes. Motion carried.
Councilman Geving moved to re-enact Ordinance 64 and 64A with an expiration I
date of April 30, 1978. The Council will have a proposed ordinance from the .
Planning Commission by ~~arch 31, 1978. Motion seconded by Councilman Pearson.
The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and
Waritz. No negative votes. ~10tion carried.
VARIANCE REQUEST, JAMES SETZER, LOTS 38 AND. 39, SHORE ACRES: Mr. SetZer was
present requesting variances to front yard setback, lot area and highwater
setback in order to construct a home on Lots 38 and 39 Shore Acres. The Board
of Adjustments and Appeals recommended the Council grant the variances but
that no occupancy be permitted until municipal sewer is operative. The Planner
recommended approval subject to the following conditions:
1. That the dimensions of the property are a product of platting practices
used prior to the adoption of the zoning ordinance and the Shoreland Management
Ordinance.
2. That in all likelihood, the property will be assessed a full sewer unit
as per the Lake Riley Improvement Project Feasibility Study because there is
an existing cabin on the property.
3. That no building permit be issued until the Lake Riley Sewer Project
is completed and operative.
Councilman Waritz moved to approve the variances subject to the recommendations
as outl i ned in the City PI anner' s 1 etter of January 17, 1978. Moti on seconded
by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen
Pearson, Geving, and \~aritz. No negative votes. Motion carried.
COMMERCIAL BUILDING PERMIT - JACK KLOUDA: Jack Klouda was present requesting
a bUilding permit to remodel O'Leary's Kitchen at 421 West 78th Street to use
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Council Meeting January 23, 1978
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for sale, repair and distributorship of restaurant and bar refrigeration
equipment. Mr. Kloudastated he was in agreement with the nece~sity for parking
lot improvements. The City Manager noted that Mr. Klouda will have to sign
an easement for the back portion of his property necessary for the parking lot
improvement project.
Councilman Pearson moved to approve a building permit for Jack Klouda as outlined
in the City Manager's report of January 23, 1978. Motion seconded by Councilman
Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving,
and Waritz. No negative votes. Hotioncarried.
SUBDIVISION REQUEST - ELIZABETHSI~EIGI~~~. DonPrice and Elizabeth Sweiger were
present.. Th~ Planning Commission held äpub1ichearing of the proposed three
lot subdlvlslon and recommended approval subJect to a floor elevatlon of 1016
be es tab 1 i shed and that the requîrement'for~tòþographi c information be wai ved.
Since that time staff has found that an 18 foot road easement alongrl¡elody Hill
Road was omitted on the plat. This would require changes in the lot lines.
Staff suggested that Mrs. Sweiger petition for water extension along Chaska
Road to serve the proposed lots.
Councilman Geving moved to approve the preliminary plat with modifications in lot
size dimensions to be worked out with the Pla.nning Commission,prfor to final plat
preparation~U-Motion" seconded by Counci Iman Pearson. The following voted in
favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes.
Mot ion ca rri ed.
EMPLOYEE ASSISTANCE PROGRAM - PROCESS DYNAMICS: Lee Wenzel of Process Dynamics
was present to discuss the programs philosophies and costs. Carver County,
operating under a state grant program, has entered 'into a contract to provide
an employee ass i stance referral and diagnosti c program for employees with in
the county. The cost to the city is80¢~perperson<peryear. The total cost
is $8.00 per employee per year with the s tate "grant program pay; ng 90%.
Counci 1 man Pearson moved to enter into a contract wi th Process Dynami cs unti 1
until June 30,1978, with the terms and conditions as outlinedînthe City Manager's
letter of January 23, 1978, at a cost of 80¢ per employee pro-rated. Motion
seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Geving, and Waritz.No neg~tive votes. Motion carried.
OVERT! ME/ COMPENSATORY TI ME INTERIrI¡ POLI CY: The City Manager reques ted Counci 1
confirmation and approval of personnel policies in regards to overtime and
compensatory time. Although the entire policy was reviewed, the necessity of
such arose from work completed by an employee away from the job site during
hospitalization.
Councilman Waritz moved that the Council agrees with the City Manager1s
recommendation that the City Planner be given the 43 hours as documented. Motion
seconded by Councilman Geving. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried.
REFERENDUM ISSUES:
RESOLUTION #78-04: Councilman Pearson~ovedthe adoption of a resolution
setting the date for the referendum for March 7, 1978, to consider whether the
city should continue contract policing with Carver County or establish their
own police department and a second question of building a library, public
works, and city hall complex. Resolution seconded by Councilman Waritz. The
Council Meeting January 23, 1978
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following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and
Waritz. No negative votes. Motion carried.
Flyers will be mailed to all citizens briefly explaining the issues as well
as the specific ballot questions. The flyer will show times and places of
community groups which will be meeting with the Council and community
facíl iti es committee to answer ques ti ons regardi ng the issues. The city
newsletter, which will go out in mid-February,will more completely explain
the issues.
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The Council decided to delete the question of maintenance of oTd St. Hubert's
Church as a referendum issue.
HIGHWAYS 169-212 WYE INTERSECTION IMPROVEMENTS: Councilman Waritz discu~sed
a letter from the Minnesota Department of Transportation regarding proposed
improvements to the wye intersection. These improvements are scheduled for
the Spring of 1979. Councilman Waritz will contact the cityls representative
on the MTC, Gayle Kincannon, to insure that the proposed improvements consider
the possible need for park and ride facilities or public transportation.
CONSENT AGENDA: Mayor Hobbs asked if any council member wished to discuss
any items on the consent agenda. As no council member questioned any items,
Councilman Pearson moved to accept all consent agenda items as recommended
by the City Manager.
a. Levy L imi t Appeal, State of Mi nnesota, Response.
b. Contract Amendment, Watermain Construction West 79th Street.
Resolution #78-05. I
c. Payroll Deduction Authorization, 'City Council.
d. Annual Planning Commission Report, Acceptance.
e. Engineering Agreement - BRW (Traffic Analysis - Intersections and
potential frontage road, south side of Highway 5 between 101 and
eastern city boundary).
~~otion seconded by Councilman Geving. The following voted in favor: Mayor
Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion
carri ed.
Councilman Geving moved to adjourn. Motion seconded by Councilman Pearson.
The follmving voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and
vJaritz. No negative votes. Meeting adjourned at 11 :30 p.m.
Don Ashworth
City Manager
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