1978 08 07
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REGULAR CHANHASSEN CITY COUNCIL MEETING AUGUST 7, 1978
Mayor Hobbs called the meeting to order at 8:00 p.m. with the following
members present: Councilmen Pearson, Neveaux, Waritz, and Geving. The
meeting was opened with the Pledge to the Flag.
APPROVAL OF AGENDA: Councilman Pearson moved to approve the agenda with
the addition of a progress report on Cermack's. Motion seconded by
Councilman Waritz. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes.
Motion carried.
AWARD OF BIDS,.. NORTH LAKE SUSAN WATERMAIN, PHASE I: A letter was
received from Animal Fair, Inc. stating they are delaying building plans
by approximately 12 to 24 months. Ed Dunn and Julius Smith were present.
Bids were taken for this project with Johnson Bros, Corporation of
Litchfield submitting the low bid in the amount of $217,094.00. The
City Council acted to table action on this item to August 21, 1978, to
determine developer interests and financial support for this project
proceeding at this time versus delaying the project, coinciding with
other improvements in the area for a 12 to 24 month period.
Councilman Neveaux moved to table action on the acceptance of the bids
for the North Lake Susan Watermain Phase I until August 21, 1978. Motion
seconded by Councilman Geving. The following voted in favor: Mayor
Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes.
Motion carried.
AWARD OF BIDS - GRADING AND AGGREGATE BASE, MSAS 101: Bids were taken
for this project with West Suburban Utility Contractors submitting the
low bid in the amount of $256,285.55.
RESOLUTION #78-37: Councilman Neveaux moved the adoption of a resolution
accepting the bid for the grading and aggregate base for MSAS 194-101-02
in the amount of $256,285.55 to West Suburban Utility Contractors of
Eden Prairie. Councilman Waritz seconded the resolution. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and
Geving. No negative votes. Motion carried.
MINUTES: Councilman Geving moved to approve the July 17, 1978, Council
minutes. Motion Seconded by Councilman Pearson. The following voted in
favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving.
No negative votes. Motion carried.
Councilman Pearson moved to approve the July 24, 1978, Council minutes.
Motion seconded by Councilman Geving. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative
votes. Motion carried.
Councilman Pearson moved to note the July 26, 1978, HRA
seconded by Councilman Neveaux. The following voted in
Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz.
Motion carried.
minutes. Motion
favor: Mayor
No negative votes.
Councilman Neveaux moved to note the June 29, 1978, HRA
seconded by Councilman Pearson. The following voted in
Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving.
votes. Motion carried.
minutes. Motion
favor: Mayor
No negative
Council Meeting August 7, 1978
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VALHALLA DRIVE VACATION REQUEST: The Council received a petition to
vacate a 80 x 40' unimproved public road/public access in Pleasant
View Addition. The Park and Recreation Commission recommended the
Council deny the request.
James O'Brian - I would like to say that the 80' x 40' unimproved
portion of land known as Valhalla Avenue was dedicated to public use
for purposes of a fire road, for access for fire fighting equipment.
Since this portion of property is no longer used for its originally
intended purpose, I feel it should be vacated and returned to the
abutting property owners. Bearing in mind that the 80' x 40 feet
would be substantially reduced by the easement that would be required
for the recently constructed storm drainage culvert and the sewer
system that's in the ground there, the following points I feel should
be considered:
1. This shoreline is unimproved, unmaintained. It's filled with old
broken concrete bricks and assorted litter and it's uncontrolled. It
is now more of a hazard and a nuisance than it is an asset.
2. The proposed public park and recreation facility that is þeing
planned for a large section of Lotus Lake would certainly meet the
intended guidelines of the Metro Council Open Space Committee and
would far better serve the public for fishing and water based recreation
than would this Valhalla Avenue location.
3. The Park and Recreation Department is misguided in its efforts
to deny this vacation on the basis of an energy shortage and access
for retired people on fixed income since the area in question is
unsuitable for public parking. To allow parking along this section
of Pleasant View Road would be making it an impossibility for
emergency vehicles to pass through the area should the need arise.
Before the Council denies the request to vacate Valhalla Avenue I
would personally as a taxpayer and landowner in the area like to know
what provisions are going to be implemented for; (1) the control of
the area. What would be the regular and posted hours of access be
for that section? (2) What sort of regular maintenance would be
provided? (3) I would like to know about closing off of the area.
The abutting property owners are entitled to have private property
protected from abuse or use by intruders who could cause damage and
decrease the values of our property.
Wilfred Goran - I will go along with what Jim says. I have lived
there about 20 years and until you put the sewer and water down there
it was grown up and nobody used it at all. Now that it's graded and
a fairly decent lawn down through there we are getting a lot of extra
traffic. I think you ought to look at it real good before you turn
it into a public park.
Joe Betz, Chairman, Park and Recreation Commission - I think we
reacted to that situation in response to the feelings we are getting
that we should preserve as much lake access property as possible.
wherever possible. I think these gentlemen really are responding to
the fact that what they resent is the public misusing access. It should
be looked at from the issue of how will we maintain public access.
If there are problems on this small a parcel, how will we do it on
larger parcels.
Councilman Waritz moved to direct staff to look at the possibility of
putting the property back to the condition it was originally in prior
to the sewer and water project to make certain the property is not
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council Meeting August 7, 1978
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misused. Motion seconded by Councilman Geving. The following voted in
favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving.
No negative votes. Motion carried.
LOTUS LAKE ESTATES - REQUEST FOR RECONSIDERATION: Len Swedlund was
present requesting reconsideration of action taken July 17, 1978, whereby
Outlot B would be under public ownership. Mr. Swedlund suggested that
Outlot B rémain in private ownership under a homeowners association
with an easement for a public trail across Outlot B.
Councilman Neveaux moved to reconsider in light of Mr. Swedlund's letter
of July 31, 1978. Motion seconded by Councilman Waritz. The following
voted in favor: Councilmen Pearson, Waritz, and Neveaux. Mayor Hobbs
and Councilman Geving voted no. Motion carried.
Councilman Neveaux moved to amend Resolution #78-31 to allow for private
ownership through a homeowners association of Outlot B with a public
trailway easement across Outlot B. Staff will prepare the necessary
document for resubmission to the Council. Motion seconded by Councilman
Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux, Waritz, and Geving. No negative votes. Motion carried.
REVIEW HOUSE MOVING PERMIT, ROMAN SINNEN, 535 LAKOTA LANE: TneCouncil
considered th:i,s item on Se:Þterrtb~r·6.,-1977.,andÇJ.pprovèd-a pe:rIJ}i tto
move in three modular unii;:~, and c,probinethemintoonesing1e family home.
Since that time the City has received a petition questioning whether or
not those units were in line with the original conditions of the Council.
Staff has contacted Mr. Carl Norlander, Inspector, Building Code Division,
State of Minnesota. Mr. Norlander inspected the site and reviewed the
plans. It was his finding that that structure with the changes that
are proposed to be made will meet the residential building code standards.
Mr. Norlander will forward a letter to the City verifying the above.
No action was taken.
SUBDIVISION REQUEST, FRANK METZIG, 6400 CHANHASSEN ROAD: Mr. Metzig is
requesting approval to subdivide 350' x 211' into three lots. The
Planning Commission held a public hearing and recommended approval.
Councilman Pearson moved to approve the subdivision request of Mr. Frank
Metzig for property at 6400 Chanhassen Road. Motion seconded by Councilman
Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux, Waritz, and Geving. No negative votes. Motion carried.
VARIANCE REQUEST, DOWNTOWN BUILDING MORATORIUM, ROOS PROFESSIONAL
BUILDING AND REZONING/PRELIMINARY DBVELOPMENT PLAN: Roman Roos was
present requesting approved to construct two 11,000 square foot professionaJ
medical/dental office buildings on property located.approximately 230
feet west of the intersection of Laredo Drive and West 78th Street on
the south side of West 78th Street.
Councilman Neveaux moved to accept the Planning Commission, the Planner
and City Manager's recommendations to grant a variance to Ordinance 47-K
for Planning Case P-551 Chanhassen Professional Building. Motion
seconded by Councilman Geving. The following voted in favor: Mayor
Hobbs, Councilmen Pearson, Geving, Neveaux, and Waritz. No negative
votes. Motion carried.
Council Meeting August 7, 1978
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Councilman Pearson moved to accept Council Exhibit A of the Chanhassen
Professional Building dated August 7, 1978, as presented. Motion
seconded by Councilman Neveaux. The following voted in favor: Mayor
Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative
votes. Motion carried.
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Councilman Neveaux moved to approve the rezoning request from R-IA
to CBD conditioned upon entering into a conditional use permit. Motion
seconded by Councilman Geving. The following voted in favor: Mayor
Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative
votes. Motion carried.
Councilman Geving moved to approve the subdivision of the property
represented on Exhibit A from the Bloomberg properties parcel subject
to presentation of a hardshell. Motion seconded by Councilman Pearson.
The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,
Geving, and Waritz. No negative votes. Motion carried.
Councilman Neveaux moved to direct staff to proceed with drafting the
documentation to execute the financing scheme described in the City
Manager's report of August 3, 1978. Motion seconded by Councilman
Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux, Waritz, and Geving. No negative votes. Motion carried.
SUBDIVISION REQUEST, GEORGE WAY, 3831 RED CEDAR POINT DRIVE: Mr. Way
is seeking approval to subdivide his property into two residential
lots. The Planning Commission held a public hearing but was unable
to agree on a recommendation on the road easement through the propertY'1
Councilman Neveaux moved to approve the subdivision for Mr. George
Way as presented by the applicant under Planning Case P-408. Motion
seconded by Councilman Geving. The following voted in favor: Mayor
Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative
votes. Motion carried.
Councilman Waritz moved to allow the subdivision on a metes and
bounds description. The legal description will be approved by City
Staff. Motion seconded by Councilman Neveaux. The following voted
in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving.
No negative votes. Motion carried.
SUBDIVISION REQUEST, GORDON JULIUS, 336 PLEASANT VIEW ROAD: Mr. and
Mrs. Julius were present requesting approval to subdivide their _
property into three lots.
Councilman Neveaux moved to approve the preliminary plat, Planning
Case P-569 for Gordon Julius, subdividing a parcel into three residential
lots and approve a variance to Section 8.06-a(1) of Ordinance 33
contingent upon successful negotiations with Near Mountain Properties.
Motion seconded by Councilman Pearson. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No
negative votes. Motion carried. I
Councilman Neveaux moved to adjourn. Motion seconded by Councilman
Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson
Neveaux, Geving, and Waritz. No negative votes. Motion carried.
Meeting adjourned at 12:00.
Don A~hworth, City Manager