1978 03 06
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REGULAR CHANHASSEN CITY COUNCIL MEETING ~ffiRCH 6, 1978
Mayor Hobbs called the meeting to order at 7:30 p.m. with the following
members present: Councilmen Pearson, Geving, and Neveaux. Councilman
Waritz came at 7:40 p.m. The meeting was opened with the Pledge to the
Flag.
MINUTES: Councilman Pearson moved to approve the February 21, 1978,
council minutes. Motion seconded by Council~an Geving. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving.
No negative votes. Motion carried.
Councilman Pearson moved to note the February 22, 1978, Planning
Commission minutes. Motion seconded by Councilman Neveaux. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving.
No negative votes. Motion carried.
PARK DEDICATION ORDINANCE - HANSEN AND KLINGELHUTZ:Doug Hansen and
Tom Klingelhutz were present. The City Attorney presented his opinion
stating that Hansen and Klingelhutz have met the full requirements of
the Park Dedication Ordinance in donating the eastern one-half of the
Western Hills pond as a part of their preliminary plat for Western
Hills.
Councilman Geving moved to note that the Council does feel that the
prior donation of park land fulfills the obligations for the preliminary
plat of Western Hills dated March 25, 1969, and revised March 31, 1969,
and considered by this Council and approved on May 5, 1969,and accept
the developers offer of $1,000 for each of the four Santa Vera
development phases and instruct the attorney to include such in the
development contract. Motion seconded by Councilman Pearson. The
following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,
Waritz, and Geving. No negative votes. Motion carried.
CONSENT AGENDA: Mayor Hobbs asked if any council member wished to
discuss any item 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. Five Year Capital Budget, Carver County, Resolution #78~10.
b. Liquor License Amendment - st. Hubert's Church, Fish Fry March 10.
Motion seconded by Councilman Neveaux. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No
negative votes. Motion carried.
COMMISSION APPOINTMENTS: Councilman Neveaux moved to re-appoint Pat
Boyle and Denis Stedman to three year terms on the Park and Recreation
Commission. Terms ending December 31, 1981. Motion seconded by
Councilman Waritz. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes.
Motion carried.
Mayor Hobbs recommended the Council re-appoint Herb Bloomberg to the
position he currently holds on the HRA.
Councilman Pearson moved to re-affirm the following HRAmember ,
appointments:
Bill Gullickson, May 31, 1978,
Tom Klingelhutz, May 31, 1979,
Calvin Niemeyer, May 31, 1981,
Council Meeting March 6, 1978
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John Przymus, May 31, 1982,
and to re-appoint Herb Bloomberg to the HRA with term ending
May 31, 1980. Motion seconded by Councilman Neveaux. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving,
and Waritz. No negative votes. Motion carried.
EAST LOTUS LAKE IMPROVEMENT PROJECT 75-10 - ÇONSIDER DELETING
IMPROVEMENTS ON TRACT D, RLS 18 (THOMPSON/OSGOOD PROPERTIES):
Mr. and Mrs. Sewall Osgood and Mr. and Mrs. Michael Thompson were
present to discuss their concerns and demands on this project.
The Assistant City Attorney explained the proposed improvements
and the demands of the two property owners. Staff has been asked
that,when utilities are installed in Tract D (private road) that
this road be excavated and moved to the platted right-of-way also
that a retaining wall be installed and guaranteed and further that
assessments be abated.
Mr. Osgood stated his concerns. He stated that as a trade off for
an easement across Lot B, RLS 18 that utilities be installed in
Tract D for his use. The Thompsons felt that it would be to their
advantage to get the access road (Tract D) aligned properly. If this
were done Mr. Osgood would want a retaining wall installed to protect
his steep bank from washing onto the road. Mr. Osgood does not feel
Lot B, RLS 18 is a buildable lot. He requested that utilities be
brought along the existing private road and be charged two units
for the property where his house is located.
Mr. Thompson stated they want sewer and water installed to their
property and are willing to discuss the problems with staff.
Councilman Neveaux asked the City Engineer to determine whether
Lot B, RLS 18 is a buildable lot or not.
Councilman Neveaux moved to table action on this until March 20
to give the property owners and staff time to meet and resolve the
issues. Motion seconded by Councilman Waritz. The following voted
in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and
Geving. No negative votes. Motion carried.
AREA VARIANCE REQUEST, 9015 LAKE RILEY BLVD. Mr. and Mrs. Benjamin
Swenson were present requesting variances to the lot area requirement,
front footage and high water setback in order to construct a home
at 9015 Lake Riley Blvd. The Board of Adjustments and Appeals
met on this and recommended approval. Staff discussed this with
a representative of the DNR and that office has no objections to
the proposal.
Councilman Pearson moved to approve the variances as required for
Planning Case p-462 conditioned upon that the home will not be
occupied until the sewer is operative. Motion seconded by
Councilman Neveaux. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes.
Motion carried.
CHANHASSEN FIRE RELIEF INVESTMENT: Fred Coulter was present
requesting authorization to invest $10,000 in Minnesota State
Retirement Fund, Fixed Return Account.
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Council Meeting March 6, 1978
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Councilman Neveaux moved to approve the fire department request of
February 24, 1978, asking to invest up to $10,000 in the Minnesota
State Board of Investment Fixed Return Account. Motion seconded by
Councilman Geving. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Geving, Neveaux, and Waritz. No negative votes.
Motion carried.
SEWER MORATORIUM ORDINANCE - FIRST READING: Several residents were
present. For the past six months the city has been operating under a
temporary moratorium ordinance prohibiting issuance of building permits
in areas where public sanitary sewer was not available. Prior to the
moratorium ordinance the city did not allow subdivision of properties
in areas not served by sanitary sewer or where such sewer was not
eminent. The temporary moratorium ordinance was enacted to determine
the affects of the previous ordinance in line with an Attorney General's
opinion in regards to division of lands and to determine the
applicability of recently approved Metropolitan Council Legislation
restricting development in the agricultural and rural areas. The Planning
Commission has been reviewing the Attorney General's opinion as well as
requirements mandated by the Metropolitan Council as a part of updating
the Comprehensive Plan. Their recommendation, in a policy form to the
city council, basically states that the rural areas should be protected
and that random subdivisions in this area should be prohibited.
Additionally, as the city has established the infra-structure in the
urban area, that new growth should be channeled into these areas to insure
that the public debt was not increased and to insure that existing debt
could be retired. The council generally accepted the Planning Commission's
recommendation but felt the Planning Commission should provide criteria
under which certain types of development may be considered, such as
estate developments.
OCCUPANCY PERMIT - DON HANUS, WEST 79TH STREET: Don Hanus and Frank
Kurvers were present. The council toured the building this past
Saturday to consider issuance of an occupancy permit. Staff noted that
the building meets all requirements of the State Building Code and a
performance bond has been posted with the city to insure completion of
landscaping, screening and asphalt will be completed this spring. The
council expressed concern about the screening and landscaping and directed
Mr. Hanus to work with the Planning Commission to amend his conditional
use permit.
The Assistant City Attorney asked for instructions on the pending court
case against the Hanus properties on West 78th Street. Mr. Hanus stated
he did not object to cars being temporarily parked on the old feed mill
site but did object to the junk cars and trash. He agreed to clean it up
and get the owners of the junk cars to remove them.
Councilman Pearson moved to dismiss the court case without prejudice.
Motion seconded by Councilman Geving. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative
votes. Motion carried.
Councilman Neveaux moved to adjourn. Motion seconded by Councilman
Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux, Waritz, and Geving. No negative votes. Motion carried.
Meeting adjourned at 11:00 p.m.
Don Ashworth
City Manager