1978 10 16
I
I
I
REGULAR CHANHASSEN CITY COUNCIL MEETING OCTOBER 16, 1978
Mayor Hobbs called the meeting to order at 7:30 p.m. with the following
members present: Councilmen Neveaux, Pearson, and Geving. Councilman
Waritz was absent. Russell Larson and Bill Brezinsky were present.
The meeting was opened with the Pledge to the Flag.
APPROVAL OF AGENDA: Councilman Pearson moved to approve the agenda
as presented with the additionof Arbor Lane - Stop Sign and Cermak
Sales update. Motion seconded by Councilman Neveaux. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving.
No negative votes. Motion carried.
MINUTES: Mr. Ivo Schutrop has contacted l1ayor Hobbs that he has not
received a letter from the City as referred to in the October 2, 1978,
Council minutes. Council members requested that the letter be sent.
Amend the October 2, 1978, Council minutes by adding the following
under LOT DIVISION - WALTER CLEVELAND, HURRAY HILL: Hr. Cleveland
was not present but was represented by a real estate agent.
Amend the first sentence on page 1 under LEGAL in the October 2, 1978,
Council minutes to read: The City Attorney submitted a final proposal
to increase the basic hourly rate from $35.00 to $40.00 for budget items
and $60.00 for non-budget items. -
Councilman Neveaux moved to approve the October 2, 1978, Council minutes
as amended. Motion seconded by Councilman Pearson. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving.
No negative votes. Motion carried.
Councilman Neveaux moved to note the September 28, 1978, HRA minutes.
Motion seconded by Councilman Pearson. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes.
Motion carried.
Councilman Pearson moved to note the October 11, 1978, Planning
Commission minutes. Motion seconded by Councilman Geving. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Weveaux,.~áhd,¡Geving.
No negative votes. Motion carried.
ASSESSMENT REVIEW, JOHN HIGGIN - PROJECT 7l-lE: Mr. Higgin was present
requesting deletion of the sewer and water assessment placed against
Lots 3,4, 5, 6, and 11, Block 5, Red Cedar Point as he feels the
property is unbuildable. Prior to the meeting Council members viewed
the property.
Councilman Pearson moved to defer assessments on Lots 3, 4, 5, 6, and 11,
Block 5, Red Cedar Point, until any part of the property is sold or
developed,wh:t.çl1ever.is first to occur. Hotion seconded by Councilman
Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux, and Geving. No negative votes. Motion carried.
RILEY PURGATORY CREEK HATERSHED DISTRIGT: . Conrad Fiskness was present
to discuss concerns of the Watershed District Manager's. Developers
will submit a description and location of a project to the watershed
district to determine if the watershed district will be involved.
This will enable the board of manager's to provide imput at the
beginning of each project. Copies of the Watershed District Rules
Council Meeting October 16, 1978
-2-
and Regulations and their overall plan were given to each
councilman and staff.
NORTHERN CABLEVISION, INC: Mr. Stephen Swimmer was present to I
discuss a notice of intent to propose to the l1innesota Cable
Communications Board, a cable service territory that involves. Eden
Prairie, Bloomington, Richfield, St. Louis Park, Hopkins, Minnetonka,
and Edina. Staff recommended the Council take no action at this
time so that staff can gather feedback from municipalities directly
involved.
BILLS: Councilman Pearson moved to approve the October 16,
bills as presented. Motion seconded by Councilman Geving.
following voted in favor: Mayor Hobbs, Councilman Pearson,
and Geving. No negative votes. Motion carried.
1978,
The
Neveaux,
LAKE RILEY SANITARY SEWER EXTENSION: The city has received a request
to extend sewer south of Shore Acres to serve a new home being built
at 9251 Kiowa Trail. Ted Dockendorf, Mr. and Mrs. Peter Pemrick, and
Barry Bershow were present.
RESOLUTION #78-62:
Councilman Pearson moved the adoption of a resolution to hold a
public hearing on November 6, 1978, at 7:00 p.m. to consider the
extension of sanitary sewer to serve the four lots between Shore Acres
and Bandimere Heights or to extend sanitary sewer to also serve
Bandimere Heights. Resolution seconded by Councilman Neveaux. The
following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,
and Geving. No negative votes. Motion carried.
I
METRO CLEAN AIR COMMITTEE: Marge Christensen was present to discuss
developments under the new Clean Air Act. Councilman Pearson was
appointed as liaison from the Chanhassen City Council to the Metro
Clean Aid Committee.
OAKMONT REDESIGN, RESOLUTION 911721: No representatives were present.
The developer is proposing to subdivide the· property located on the
west sides of Lakes Ann and Lucy into 26 2% acre lots. Resolution
911721 prohibits the Planning Commission from consideringdev~lopments
beyond the sketch plan stage in areas not served with sanitary sewer.
The Assistant City Planner feels. that this request is premature with
respect to the anticipated city policy towards development and growth
in the unsewered area and also beyond the spirit and intent of the
city ordinances and planning practices and recommended that the council
uphold Resolution 911721.
Councilman Geving moved to accept the Assistant City Planner's
recommendation. Motion seconded by Councilman Pearson. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving.
No negative votes. Motion carried.
The Council requested that the City Planner and City Attorney review I
existing zoning in the city for Planning Commission review and
recommendation to the City Council.
CONDITIONAL USE PERMIT - BRAMBILLA USED CAR SALES: Jack Brambilla
was present seeking a conditional use permit for a used car lot at
609 Flying Cloud Drive. The Planning Commission held a public
hearing and recommended approval subject co the following conditions:
I
I
I
Council Meeting October 16, 1978
-3-
1. No customer parking occur within the southerly ten feet o£ the
property.
2. That no excessive noise be generated on the property.
3. That lighting be directed away from the highway and no string lights
be allowed.
4. No parking of vehicles for sale within the southerly 25 feet of
the property.
5. That the pump islands will be removed.
6. That this be strictly a sales facility.
7. That landscaping improvements will not be necessary at this point
in time.
8. A maximum of thirty cars be allowed for sale at any time on the
property.
The Assistant City Planner recommended approval of conditions 2-8
of the Planning Commissioh recommendation. He further recommended
that customer parking be limited to the area directly in front of the
existing structure on the property.
The City Manager recommended approval subject to the following conditions:
A. The applicant meet the requirements as set forth by the Planning
Commission.
B. That the applicant be allowed to use the property, as set forth by
the Planning Commission, for an 18 month period of time, during which
time period the applicant shall remòve the existing hardsurfacing, install
a split rail fence or other fencing as approved by the Planning Commission
and carry out acceptable plantings, as set out by the Planning Commission..
C. That the applicant, in accordance with verbal assurances
previously given, will agree in writing to submit to the City and carry
out remodeling of the front and side elevations of the existing structure.
D. That the owner and applicant agree to the above conditions in
writing.
Councilman Neveaux moved to approve the conditional use permit subject
to the following conditions:
1. Customer parking will De limited to the area ~n front of the sales
building and so marked.
2. That no excessive noise be generated on the property.
3. That lighting be directed away from the highway and no string lights
be allowed.
4. No parking of vehicles for sale within the southerly 25 feet of
the property.
5. That the pump islands will be removed.
6. That this be strictly a sales facility.
7. That land~caping improvements will not be necessary at this point
in time.
8. A maximum of thirty cars be allowed for sale at any time on the
property.
9. The conditional use permit will be reviewed by the Council in the
11th month.
Motion seconded by Councilman Geving. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes.
Motion carried.
FRONT YARD/SIDE YARD SETBACK VARIANCE REQUEST - GORDON TOCK: Mr. Tock
is requesting a seven foot side Yard variance and19,footfront yard
setback variance in order to build a garage on his property at 6598
Huron. The Board of Adjustments and Appeals recommended the Council
Council Meeting October 16, 1978
-4-
grant a seven foot side yard variance and a 15 foot front yard
variance.
Councilman Neveaux moved to accept the recommendation of the Board I
of Adjustments and Appeals and grant a seven foot side yard variance
and a 15 foot front yard setback variance to Mr. Gordon Tock, 6598
Huron. Motion seconded by Councilman Pearson. Thecfollowing voted
in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No
negative votes. Motion carried.
FRONT YARD/SIDE YARD SETBACK VARIANCE REQUEST - BRUCE STENERSON:
Mr. Stenerson was present requesting a 20 foot front')yard'variance
and five foot side yard variance in order to construct a garage on
his property located at 6596 Huron. The Board of Adjustments and
Appeals recommended approval of the variances in order for the
applicant to maintain the terraced flower bed, the oak tree and the
garden. The Assistant City Planner recommended that the Council
require the applicant to maintain the 30 foot front/rear yard
setback along Iroquois and a ten foot side yard.
Councilman Neveaux moved to accept the recommendation of the Board
of Adjustments and Appeals public hearing of October 3, 1978, and
accept Mr. Stenerson's request for variance using a front yard
setback of ten feet and a side yard setback of five feet on the
construction of his new garage. Motion seconded by Councilman Geving.
The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux, and Geving. NO negative votes. Motion carried.
PLANNING COMMISSION RESIGNATION: Councilman Neveaux moved to accept I
Hûd Hollenback's resignation from the Planning Commission with regret
and direct the City Manager to draft a suitable letter expressing
the Council's deep appreciation for his many years of service to
the city and that it be prepared for the individual signatures of
the City Council. Motion seconded by Councilman Pearson. The
following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,
and Geving. No negative votes. Motion carried.
PLANNING COMMISSION APPOINTMENT: Councilman Neveaux moved to accept
the Planning Commission's recommendation and appoint Pat Swenson
to the Planning Commission. Motion seconded by Councilman Geving.
The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux, and Geving. No negative votes. Motion carried.
TEMPORARY MOBILE HOME PERMIT REQUEST - ALLEN KERBER: Mr. Kerber
was present requesting permission to temporarily place a mobile home
on property located on the south side of Highway 5 in Hennepin
County. The Zoning Ordinance does not allow mobile homes except
for temporary construction trailers associated with public
improvement projects. The City Manager recommended denial of the
request.
Councilman Geving moved to deny the temporary mobile home permit I
for Allen Kerber. Motion seconded by Councilman Neveaux. The
following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,
and Geving. No negative votes. Motion carried.
ONE POSTAL ADDRESS: Mayor Hobbs reported on a meeting with postal
employees. The postal department is in the process of completing
I
I
I
Council Meeting October 16, 1978
-5-
a route survey and requested that the city wait until January 1
when the survey will b@ completed. At that point the city will meet
again with representatives of the postal service.
$3.8 MILLION COUNTY ROAD BOND ISSUE: Council members discussed the
upcoming bond issue and took no action, pro or con.
ARBOR LANE - STOP SIGN: Residents in the area have requested a stop
sign at the intersection of Dartmouth and Arbor as it is a blind
intersection. This item will be on the November 6th Council agenda.
CERMAK SALES: The City Attorney gave a status report.
BUILDING PERMITS STATUS - TWO BUILDING PARCELS, CARVER BEACH: 6730
and 6750 Huron. This item will be a future agenda item with more
detailed staff report.
LIFT STATION SCREENING - HIBBERT HILL: Councilman Pearson moved to
table action until November 6, 1978. Council members and staff will
meet with Mr. Hill on Saturday morning October 21. Motion seconded
by Councilman Geving. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaûx, and Geving. No negative votes. Motion
carried.
GENERAL ELECTION:
RESOLUTION #78-63: Councilman Pearson moved the adoption of a resolution
setting the date, place, election personnel and pay for the General
Election on November 7, 1978. Resolution seconded by Councilman
Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux, and Geving. No negative votes. Motion carried.
Councilman Pearson moved to adjourn. Motion seconded by Councilman
Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux, and Geving. No negative votes. Motion carried. Meeting
adjourned at 11:22 p.m.
Don Ashworth
City Manager