1978 03 20
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REGULAR CHANHASSEN CITY COUNCIL MEETING MARCH 20, 1978
Mayor Hobbs called the meeting to order at 7:30 p.m. with the following
members present: Councilmen Neveaux, Geving, and Waritz. Councilman
Pearson was absent. The meeting was opened with the Pledge to the Flag.
APPROVAL OF AGENDA: Councilman Waritz moyed to approve the agenda as
presented. Motion seconded by Councilman Geving.. The following voted
in favor: tiayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No
negative votes. Motion carried.
AWARD OF BIDS - PAINTING WATER TOWER: The following three bids were
received on March 3, 1978, for cleaning and painting the water tower
near Iroquois and West 76th Street: -
Brown Enterprises, Inc. Delano $ 14,711.00
Larson Tank Company 15,280.00
Neumann Company 22,000.00
RESOLUTION #78-13: Councilman Neveaux moved the adoption of a
resolution accepting the engineer's recommendation of Brown Enterprises,
Inc. of Delano for painting the water tower. The low bid being
$14,711.00. Resolution seconded by Councilman Waritz. The following
voted in favor: Mayor Hobbs, Councilmen Neveaux, Waritz, and Geving.
No negative votes. Motion carried.
MINUTES: Councilman Geving moved to approve the
minutes. Motion seconded by Councilman Waritz.
favor: tiayor Hobbs, Councilmen Neveaux, Waritz,
votes. Hotion carried.
March 6, 1978, Council
The following voted in
and Geving. No negative
Councilman Waritz moved to approve the March 8, 1978, Council minutes.
Motion seconded by Councilman Geving. The following voted in favor:
Mayor Hobbs, Councilmen Neveaux, Waritz, and Geving. No negative votes.
Motion carried.
Councilman Geving moved to approve the March 14, 1978, Council minutes.
Motion seconded by Councilman Waritz. The following voted in favor:
Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative votes.
Motion carried.
Councilman Neveaux moved to note the March 8, 1978, Planning Commission
minutes. Motion seconded by Councilman Waritz. The following voted
in favor: Mayor Hobbs, Councilmen Neveaux, Waritz, and Geving. No
negative votes. Motion carried.
Councilman Geving moved to note the March 7, 1978, Park and Recreation
Commission minutes. Hotion seconded'by Councilman Neveaux. The
following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and
Waritz. No negative votes. Motion carried.
SEWER MORATORIUM ORDINANCE: Several residents were present. The
Planning Commission recommended that the Council maintain ordinances
as previously existed and, although division of property of five acres
or more would be allowed under state law, the city should not allow
building permits for newly created divisions of land. Additional
emphasis was placed on the existing debt of the city and necessity
to channel growth into those areas where large public investments
presently exist to insure that new public debt was not created as a
part of premature development in the rural area, and that the estate
Council Meeting March 20, 1978
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development concept should be further explored as a part of completion
of the Comprehensive Plan. In reviewing the various state laws,
Planning Commission recommendation and public input, the council
basically agreed with the recommendation of the Planning Commission,
but believes the state law to be too restrictive in not allowing
a variance procedure for developments meeting reasonable development
criteria and not in conflict with philosophies presented by the
Planning Commission. The engineer was instructed to develop a
proposed septic ordinance amendment. -
Councilman Neveaux moved to table action and direct the Planning
Commission to suggest types of controls for estate type developments
(conditional use permit, stricter septic regulations, certain
number of building permits per section in the unsewered area, etc.).
Motion seconded by Councilman Geving. The following voted in favor:
Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative
votes. Motion carried.
BILLS: Councilman Neveaux moved to approve the March 20, 1978,
bills as submitted. Motion seconded by Councilman Waritz. The
following voted in favor: Mayor Hobbs, Councilmen Neveaux, Waritz,
and Geving. No negative votes. Motion carried.
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CLOSED FINANCIAL ACCOUNTS:
RESOLUTION #78-14: Councilman Neveaux moved the adoption of a
resolution closing the financial accounts and making certain
transfers of funds in regard to the bond issue funding of the City I
of Chanhassen as presented with the cover letter from the City
Manager dated March 20, 1978. Resolution seconded by Councilman
Geving. The following voted in favor: Mayor Hobbs, Councilmen
Neveaux, Waritz, and Geving. No negative votes. Motion carried.
CONDITIONAL USE AND VARIANCE ACCOUNTS: The Council asked for a
breakdown of the fees charged to individuals requesting a conditional
use permit or variance.
Councilman Neveaux moved to transfer $6,270.86 from the General Fund
into Conditional Use and Variance Accounts. These accounts will stay
open as accounts receivable. Motion seconded by Councilman Geving.
The following voted in favor: Mayor Hobbs, Councilmen Neveaux,
Geving, and Waritz. No negative votes. Motion carried.
The City Attorney suggested an ordinance amendment to provide that
in the event that these deposits are not paid or expenses are not
paid they can be assessed as a special assessment and collectable
with taxes.
MARVEL EGGUM SUBDIVISION: Mr. Eggum was present requesting approval
to subdivide existing Lots 17 and 18, Murray Hill into six residential
lots. Several neighbors were present objecting to the subdivision.
The Planning Commission held a public hearing and recommended
approval. The neighbors generally felt they would feel more
comfortable with five lots instead of six as proposed.
Mr. Eggum requested that the Council table action on this so that
he can review the assessments.
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Council Meeting March 20, 1978
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Councilman Neveaux moved to table action until Mr. Eggum requests this
be placed on the Council agenda. Motion seconded by Councilman Geving.
The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Waritz,
and Geving. No negative votes. Motion carried.
LOT SPLIT· - ROY TEICH: Roy Teich was present requesting approval to
divide five acres off his property along Lakota Lane by metes and
bounds. The Planning Commission recommended approval provided no
building permits for residential purposes be issued until sanitary
sewer and water is in servicé to the property.
RESOLUTION #78-15: Councilman Neveaux moved the adoption of a resolution
allowing Mr. Teich to transfer the title of the subject five acres
as shown in the exhibit dated February 22, 1978, from Valley
Engineering Company with the additional stipulation that no residential
building permit be issued to the subject property until sanitary sewer
and water is in service or other methods of acceptable sewer service
are approved by the city. Resolution seconded by Councilman Waritz.
The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Waritz,
and Geving. No negative votes. Motion carried.
A copy of this resolution will be sent to the new owner.
VALHALLA STREET VACATION: James O'Brian and Wilfred Goran were present
requesting the city vacate Valhalla on the north end of Lotus Lake.
Phyllis Pope and Pat Boyle, Park and Recreation Commission, were
present requesting that this proposal be sent to the Park and Recreation
Commission prior to a public hearing so that they can make a
recommendation.
Councilman Neveaux moved to table action until the first meeting in
May. Motion seconded by Councilman Geving. The following voted in
favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No
negative votes. Motion carried.
PRELIMINARY DEVELOPtffiNT PLAN - MTS: Paul Strand and Fred Richter
were present to discuss the proposed development to be located east
of Chanhassen Estates in Hennepin County. They are proposing a 160,000
square foot office/electronics manufacturing facility (1st phase).
The Planning Commission held a public hearing on the proposal and
recommended approval provided adequate access in accordance with
the standards of the BRW Traffic Study is provided to the property.
Councilman Neveaux moved to approve the preliminary development plan
Phase 1 as presented this evening and instruct the developer to proceed
with final plans incorporating the utility plan consistent with the
city engineer's standards, a transportation plan consistent with
the provisions outlined in the BRW report, a drainage plan consistent
with the standards of the Riley-Purgatory Creek Watershed. District,
a conservation plan consistent with soil conservation practices that
is required by the Carver County Soil Conservation ·Service and an
open space plan which will dedicate the east and west slope of the ;
drainage swale located in the southwest corner of the subject property
to the City of Chanhassen. Motion seconded by Councilman Geving. The
following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving,
and Waritz. No negative votes. Motion carried.
Council Meeting March 20, 1978
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1978 LIQUOR LICENSE APPLICATIONS: Councilman Geving moved the
issuance of the following licenses:
Jerry's Old West Bar On Sale Intoxicating
dba/Victoria's Off Sale Intoxicating
Bloomberg Companies, Inc.
On Sale Intoxicating
Off Sale Intoxicating
Sunday Sales
On Sale Intoxicating
Off Sale Intoxicating
Sunday Sales
On Sale Non-Intoxicating
Off Sale Non-Intoxicating
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Pauly's
Riviera Club
On Sale Intoxicating
Sunday Sales
Chanhassen American Legion
Post :/1=580
On Sale Non-Intoxicating
Off Sale Non-Intoxicating
Club License
Bluff Creek Golf Association
On-Sale Non-Intoxicating
St. Hubert I s Church
On Sale Non-Intoxicating
Kenny's Super Markets
Off Sale Non-Intoxicating
Superamerica Off Sale Non-Intoxicating I
With the stipulation that Superamerica license is to be withheld
until payment of the outstanding $35.00 variance fee and Jerry's
Old West Bar be notified of the previous council action in
transferring the liquor license from Ann Koltyk to Charles
Kallestad, i.e. that parking lot improvements would be required
on the property and that such was a stipulation of such previous
transfer approval. Motion seconded by Councilman Neveaux. The
following voted in favor: Mayor Hobbs, Councilmen Neveaux, Waritz,
and Geving. No negative votes. Motion carried.
Councilman Neveaux moved to direct the City Manager to write
the holders of both intoxicating and non-intoxicating licenses
in the downtown area, that the Council is concerned ~.¡ith the
housekeeping in that area. If there is no definite improvement
in the housekeeping between now and next year the cost of liquor
licenses in 1979/1980 will reflect an increase such as the city
needs to cover the housekeeping in that area. l10tion seconded by
Councilman Waritz. The following voted in favor: Mayor Hobbs,
Councilmen Neveaux, Waritz, and Geving. No negative votes. Motion
carried.
A copy of this letter will be sent to the Chamber of Commerce.
BIKE TRAIL APPLICATION: Pat Boyle and Phyllis Pope, Park and I
Recreation Commission, were present. The city has received
preliminary grant approval through the Metropolitan Council for
extending the existing bike trail system within the city.
RESOLUTION #78-16: Councilman Waritz moved the adoption of a
resolution accepting the grant and the conditions attached thereto
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Council Meeting March 30, 1978
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and directing the engineer to prepare detailed plans and specifications
for submission to the state. Resolution seconded by Councilman Geving.
The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving,
and Waritz. No negative votes. Motion carried.
WESTERN MOTIF CONCEPT: This item was tabled until the next meeting.
PROPOSED LOTUS LAKE ACCESS - DNR: Councilman Geving asked for additional
information on the access proposed by the DNR on Lotus Lake. Elwood
McCary, Colonial Grove, requested that whenthe·eìtT"teceives information
from the DNR that he also be informed. A letter under the mayor's
signature will be sent to the DNR requesting information as to their
development plans for an access and to determine whether DNR has
considered the feasibility of making improvements as a part of the
proposed park on the north side of Lotus Lake.
ARBOR DAY - APRIL 28: Mayor Hobbs received a letter from the Minnesota
Department of Agriculture asking the Council to proclaim April 28
as Arbor Day and April 28 through May 31 as Arbor Month. This was
turned over to the Park and Recreation Commission.
CONSENT AGENDA: Mayor Hobbs asked if any council member wished
to discuss any item on the consent agenda. As no council member
question the item, Councilman Neveaux moved to accept the consent
agenda item as recommended by the City Manager in his report dated
March 20, 1978.
a. Resolution Approving State Civil Defense Reimbursement
Procedures and establishing the Mayor as Executer for the
Federally Financed Assistance from the Disaster Relief
Act. Resolution #78-17.
Motion seconded by Councilman Geving. The following voted in favor:
Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative
votes. Motion carried.
MSAS 101 - RIGHT-OF-WAY ACQUISITION: Councilman Neveaux moved that the
city attorney be authorized to exceed the authority granted him in
obtaining the easements from Bernard Kerber in the amounts as specified
tonight. Motion seconded by Councilman Geving. The following voted
in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No
negative votes. Motion carried.
Councilman Neveaux moved to adjourn. Motion seconded by Councilman
Waritz. The following voted in favor: Mayor Hobbs, Councilmen Neveaux,
Geving, and Waritz. No negative votes. Meeting adjourned at 11:30 p.m.
Don Ashworth
City Manager