1978 04 17
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REGULAR CHANHASSEN CITY COUNCIL MEETING APRIL 17, 1978
Mayor Hobbs called the meeting to order at 7:30 p.m. with the following
members present: Councilmen Neveaux, Pearson, and Waritz. Councilman
Geving was absent. The meeting was opened with the Pledge to the Flag.
APPROVAL OF AGENDA: Councilman Neveaux moved to approve the agenda as
presented. Motion seconded by Councilman Waritz. The following voted
in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No
negative votes. Motion carried.
VEHICLE BIDS - MAINTENANCE: The City has received bids for 1/2 ton
six cylinder pick ups, 1/2 ton eight cylinder pick ups, carryalls,
and crew cab pick ups. This vehicle will be used for tree inspection,
park, and parts pick up.
Councilman Neveaux moved acceptance of the bid from Frontier Dodge
for the 1/2 ton six cylinder pick up in the amount of $4,277.65 with
the additional allowance of $279.00 to purchase a 32 inch topper.
Approximately $3,500.00 would be expended from the Diseased Tree Fund and
$1,000 from Street Maintenance as per the City Managerts recommendation
of April 10, 1978. Motion seconded by Councilman Waritz. The
following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,
and Waritz. No negative votes. Motion carried.
DISEASED TREE REMOVAL BIDS: The City Manager presented bids received
for diseased tree removal and disposal. After discussion, Councilman
Pearson moved to accept the bids as recommended by the Tree Inspector
and Staff in a report dated April 13, 1978, recommending the Council
award the bid for Zone 1 toShorewood Tree Service, Zone 2 to Lutz Tree
Service, and Zone 3 to Tonka Tree Service as being the lowest
responsible bidders, with the stipulation that a 100% performance bond
be furnished. Motion seconded by Councilman Neveaux. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz.
No negative votes. Motion carried.
NORTH LAKE SUSAN SANITARY SEWER, WATER, STREET,· AND STORM SEWER
IMPROVEMENT PROJECT 78-3: The Council considered previous public
testimony, minutes and other written comments from the public, applicant,
and staff. Councilman Pearson moved to table action until a decision
is made on the Chanhassen Lakes Business Park rezoning and preliminary
plat request. Motion seconded by Councilman Neveaux. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz.
No negative votes. Motion carried.
MINUTES: Councilman Neveaux moved to approve the April 3, 1978,
Council minutes. Motion seconded by Councilman Pearson. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz.
No negative votes. Motion carried.
Councilman Pearson moved to approve the April 10, 1978, Council
minutes. Motion seconded by Councilman Waritz. The following voted
in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No
negative votes. Motion carried.
Council Meeting April 17, 1978
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NORTH LAKE SUSAN SANITARY SEWER, WATER, STREET AND STORM SEWER
IMPROVEMENT PROJECT 78-3 AND REZONING AND PRELIHINARY PLAT, CHANHASSEN
LAKES BUSINESS PARK.: Ed Dunn, Jim Curry, Ste1ios As1anidis, Julius
Smith, Rod Hardy, Bud Andrus, Don Wisniewski, Pat Murphy, and
several Lake Susan residents were present.
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RESOLUTION #78-18: Councilman Neveaux moved the adoption of a
resolution authorizing the proposed North Lake Susan-Sanitary Sewer,
Water, Street, and Storm Sewer Improvement Project 78-3 to be
constructed in accordance with the feasibility study for the project
as submitted by the city engineerts dated February 1978 subject,
however, to the following contingencies:
1. Lake Susan Hills Partnership preparing a security agreement,
agreeable to the city, reasonably assuring the public interest is
fiscally protected - all prior to the city awarding any construction
contracts or approving bond sale for the project.
2. Lake Susan Hills Partnership providing the city with a cash
deposit or other security agreement, agreeable to the city, insuring
that non-assessable project costs are paid, i.e. appraisal, engineering,
and legal fees associated with a law suit appealing the legality of
the Lake Susan Hills public improvement project. The amount of
such security by at least $15,000.
3. Lake Susan' Hills Partnership sign an agreement expanding the
project boundaries from Lyman Blvd. to Highway 5 to allow for
spreading assessments for building acquisition over a larger and
more representative benefit area.
4. The city officially adopt the alignment of new County State
Aid Highway 17. I
Upon the satisfaction of said conditions, the Council then will
proceed to order plans and specifications and direct the City
Attorney to acquire the necessary right-of-way. Resolution seconded
by Councilman Pearson. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion
carried.
COUNTY STATE AID HIGHWAY 17:
RESOLUTION #78-19: Councilman Neveaux moved the adoption of a
resolution establishing a centerline for the right-of-way for the
proposed extension of CSAH 17 from Highway 5 south to Lyman Blvd.
as Exhibit A dated April 17, 1978. Resolution seconded by Councilman
Pearson. The following voted in favor: Mayor Hobbs, Councilmen
Pearson, Neveaux, and Waritz. No negative votes. Motion carried.
REZONING AND PRELIMINARY PLAT - CHANHASSEN LAKES BUSINESS PARK:
Councilman Waritz moved to rezone Chanhassen Lakes Business Park
from R-1A to P-4 and approve the preliminary plat as shown on
Exhibit B dated April 17, 1978, subject to the following conditions:
1. Successful completion of the installation of public
improvements.
2. City Engineer determine the final alignment and construction
standards for all roads.
3. The developer be bound to the time phasing plan as submitted I
for consideration by the city council. The developer agrees to
establish a no build line on Lots 2, 3, 4, 5, 6, and 7 at an
elevation of 935 or 200 feet of horizontal distance from the lake,
which ever is greater and Lots 8 and 9 at a distance of 200 feet
of horizontal distance from the lake.
4. That it is understood the uses permitted within the planned
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Council Meeting April 17, 1978
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industrial development shall be governed by Section 17.02, Ordinance 47.
5. Building design and construction standards shall be governed by
provisions of Section 9.06, Ordinance 47.
6. Height, ya:rd-,.area and lot width and development regulations for
the planned industrial development shall be governed by Section 12.05,
Ordinance 47.
7. -Parking and loading areas shall be governed by Section 9.07,
Ordinance 47.
8. Landscaping standards for future developments shall be governed
by Section 12.09, Ordinance 47.
9. Industrial performance standards shall be governed by appropriate
state, local and federal rules and regulations.
10. It shall be understood that the out1ots as shown in the
preliminary development plan are to be used for public linear trail
purposes.
11. The developer dedicate sufficient right.;...af-way as shown in the
cQunty engineer t s report. . .
12. It should be mutually agreed that a development contract outlining
the above conditions shall be entered into between the City of
Chanhassen and Dunn and Curry Real Estate Management, Inc. Upon the
consummation of said development contract, the developer should proceed
to final development plans as specified in City Ordinance 47.
Motion seconded by Councilman Neveaux. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative
votes. Motion carried.
PRELIMINARY DEVELOPMENT PLAN - ANIMAL FAIR, INC. Dave Appelhof,
Robert MacDonald, and Bob Pierce were present.
Councilman Neveaux moved to approve the site plan for Animal Fair,
Inc. with the following conditions:
a) Riley-Purgatory Creek Watershed District Board of Managerts
approves the drainage plan.
b) The access intersection is redesigned to conform to the City
Engineerts comments.
c) A detailed landscape plan is developed and submitted for Planning
Commission approval.
d) The parking areas and access roads be designed to conform to the
City Engineerts standards.
e) No outside storage be allowed.
f) All roof top mechanical devices, if any, be screened from public
view.
g) Developer prepare a lighting plan submitted for Planning Commission
approval.
h) The developer be bound to the performance standards assetforth in
local, state and federal regulations.
i) The City of Chanhassen and Animal Fair, Inc., mutually agree
to the above conditions in writing.
j) Animal Fair, Inc. will hook up to municipal sewer and water within
one year of availability.
k) The City Council recognizes through approving the site plan for
Animal Fair that, should the sewer and water public improvements not
be completed or if the Chanhassen Lakes Business Park preliminary
plan be denied, a variance procedure to Ordinance 45 and the Subdivision
Ordinance will be required, and should such variance be necessary,
such is conceptually approved. Motion seconded by Councilman Pearson.
The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,
and Waritz. No negative votes. Motion carried.
Council Meeting April 17, 1978
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CONDITIONAL USE PERMIT, HANUS PROPERTY, WEST 79TH STREET: Roman
Roos, Hud Hollenback, Mal MacAlpine, and Dick Matthews of the
Planning Commission were present to discuss conditions placed upon 'I'
the Hanus property on West 79th Street and procedures for processing ~
a~endments to the conditional use permit. The Manager was instructed
to notify Mr. Hanus that all portions of the permit must be
completed by June 1, 1978, with deviations from the approved plan, .
requested by Mr. Hanus, being approved by the Planning Commission.
APPLE VALLEY RED-E-MIX - RECONSIDER BUILDING PERMIT: Math Fischer
and John Ericson were present requesting reconsideration of a
building permit tö construct a fly ash silo at their plant along
Highway 5 and West 78th Street. No action was taken.
MARVEL EGGUM SUBDIVISION - REPLAT OF LOTS 17 AND 18, lIDRRAY HILL
ADDITION: Mr. Eggum was present requesting Council approval to
subdivide Lots 17 and 18, Murray Hill, into five residential lots.
Councilman Pearson moved to approve the replat of Lots 17 and 18,
Murray Hill Addition in accordance with the plan prepared by Valley
Engineering revised April 17, 1978, incorporating the Planner's
recommendations of April 12, 1978, i.e.
1. Mr. Eggum realizes that additional assessments will be levied
against the property as specified in the city engineer's report.
2. The applicant be obligated to prepare a final plat pursuant
to the Chanhassen Subdivision Ordinance.
3. Mr. Eggum forward an abstract of property title to be
reviewed and approved by the city attorney. I
Motion seconded by Councilman Neveaux. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative
votes. Motion carried.
RESIGNATION - CITY PLANNER: Roman Roos, Chairman of the Planning
Commission, suggested that the Councilor Staff consider hiring
Bruce Pankonin as a consultant to continue working on the
Comprehensive City Plan.
Councilman Waritz moved to table the remainder of the agenda items
until April 24, 1978. Motion seconded by Councilman Neveaux. The
following voted in favor: l1ayor Hobbs, Councilmen Pearson, Neveaux,
and Waritz. No negative votes. Motion carried.
Councilman Neveaux moved to adjourn. Motion seconded by Councilman
Pearson. The following voted in favor: t1ayor Hobbs, Councilmen
Pearson, Neveaux, and Waritz. No negative votes. l1eeting adjourned
at 12:00.
Don Ashworth
City Manager
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