1978 11 20
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REGULAR CHANHASSEN CITY COUNCIL MEETING NOVEMBER 20, 1978
Mayor Hobbs called the meeting to order at 7:30 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 Neveaux moved to approve the agenda as
presented. 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 - SOUTH LOTUS LAKE DRAINAGE PROJECT 78-1: Three bids
were received ranging from $50,485 to $71,340. These bids exceed the
Engineer's estimate of $45,000 due to a design change from the Soil
Conservation Service. Staff feels that the change in the rip rap, both
the gradation and the size, could bring the cost down to within the
Engineer's estimate and recommended the Council reject the bids and
authorize staff to accept proposals from the bidders with changes in
the rip rap.
Councilman Geving moved to reject all bids as presented in the Engineer's
memorandum of November 17, 1978, and authorize the Engineer to redesign
the project meeting the specifications with the Soil Conservation Service
and present this to the Council on December 4, 1978, with this design.
At which time the Council will reconsider. The Engineer will seek .
proposals with the contractors for the day labor.portion of the
construction. Motion seconded by Councilman Neveaux. The following voted
in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving.
No negative votes. Motion carried.
SOUTH LAKE RILEY SANITARY SEWER EXTENSION:
RESOLUTION #78-67: Councilman Pearson moved the adoption of a resolution
authorizing the South Lake Riley Sanitary Sewer Extension Project 78-8
as described under Alternate B in the publis hearing notice for hearing
on November 6, 1978, and authorize the preparation of plans and
specifications and acquisition of right-of-way. Resolution seconded by
Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen
Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried.
PUBLIC HEARING
FILL PERMIT APPLICATION
JOHN MELBY, JOHN SEGNER, AND WESLEY ARSETH
Mayor Hobbs called this informal hearing to order. The Riley-Purgatory
Creek Watershed District has reviewed this application and recommended
the following:
1. Erosion control measures, such as staked hay bales and snow fence,
should be installed in the drainageway on the Arseth property to
prevent sediment from leaving the àltered areas and entering Lotus
Lake. Erosiön çÒntrol measures should be installed prior to
commencement of land alteration and should remain in place until
the altered areas on the site have been restored.
2. All altered areas should be restored with mulch and seed or sod
within two weeks from the commencement of land alteration.
Staff recommended that Ronald Horr should join in the application or
in some other way approve it as the water from the three properties
will cross onto his property. An agreement should be signed by the
applicants holding the city harmless in regard to the fill.
Council Meeting November 20, 1978
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Bob Davis, neighbor, asked if he could also join in the application.
He was informed that he could make a separate application at any time.
Councilman Pearson moved to close the public hearing. Motion seconded I
by Councilman Geving. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes.
Hearing closed at 8:50 p.m.
FILL PERMIT APPLICATION: Councilman Neveaux moved to approve the
fill permit conaitioned upon the watershed district memorandum of
October 26, 1978, and indlucing a letter from the property owners and
Ronald Horr to hold the city harmless. Motion seconded by Councilman
Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux, Waritz, and Geving. No negative votes. Motion carried.
MINUTES: Amend the November 6, 1978, Council minutes under REZONING
REQUEST, BRUCE CAMERON, 6291 BLUE JAY CIRCLE by adding the following:
A petition was received from area residents being against the proposed
rezoning from R-l to R-2. Said petition is on file.
Councilman Neveaux moved to approve the
minutes as amended. Motion seconded by
following voted in favor: Mayor Hobbs,
Geving, and Waritz. No negative votes.
November 6, 1978, Council
Councilman Pearson. The
Councilmen Pearson, Neveaux,
Motion carried.
Councilman Pearson moved to approve the November 9, 1978, Council minutes.
Motion seconded by Councilman Geving. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No I
negative votes. Motion carried.
BUILDING PERMIT REQUEST, CARVER BEACH - JIl1 HAUPLMAN: Council members
expressed concern about the drainage across these lots and if the
city could be held liable. Mr. Hauplman stated that he would have to
accept the lay of the land as it is and design around it. He further
stated that the city would have no responsibility as long as the city
did not come in there and change something at a later date.
In lieu of the fact that this property has sewer and water assessments
placed against it and the fact that it must receive access from Huron,
Councilman Neveaux moved that the City notify the Building Inspector to
grant building permits to the two parcels in question with a reminder
to the developer or building permit seeker that there is a serious
water run off problem from the Carver Beach Road part of the lot and
that the city inspection department work with him in developing a
site location for the house that would be most advantageous and that
the City Attorney work with the building department to obtain a
satisfactory sign off similar to that that was used in the Trolls-Glen
lakeshore lots. Motion seconded by Councilman Geving. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz,
and Geving. No negative votes. Motion carried.
The granting of this building permit by the City Council does reflect I
a change in the philosophy of the Carver Beach Guide Plan. The
Council would like the Planning Commission, at some point in the not
to distant future, to consider reviewing this in light of development
in the area. The Carver Beach Guide Plan did show Huron as a trailway
system. That is why it was not paved during the Carver Beach sewer,
water, and road project. That doesn't not mean the Council wouldn't
look at paving but it would have to be looked at very carefully because
of cost.
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Council Meeting November 20, 1978
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BUILDING PERMIT REQUEST, CARVER BEACH - RICHARD ROSSING: Council members
viewed this property along with the Hauplman property. Mr. Rossing is
requesting a building permit to construct a garage on his property in
Carver Beach on the North % of Lots 1982, 1983, 1984, 1985, and 1986 with
access onto Laredo Drive. The Carver Beach Guide Plan shows Laredo as
a parkway.
Councilman Geving moved to deny the building permit request for Richard
Rossing. Motion seconded by Councilman Pearson. The following voted in
favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. Councilman
Waritz voted no. Motion carried.
Mr. Rossing should either clean up his property or submit some type of
a plan which would show how the property would be cleaned up.
BILLS: Councilman Neveaux moved to approve the November 20,1978, bills
as presented. Motion seconded by Councilman Pearson. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and
Geving. No negative votes. Motion carried.
INDUSTRIAL REVENUE BOND REQUEST - ROMAN ROOS: Roman Roos, Joe Froehli~g,
M. J. Long Company, Russell Prince, Juran and Moody, Bob Nygren, Attorney
for Mr. Roos were present. Mr. Roos has requested industrial revenue
bond financing for a proposed professional building he wants to construct
on West 78th Street. The criteria developed by the city does not apply
in this case as it was generated considering redevelopment or new
construction by an existing business. Mr. Roos is proposing a new
business.
Councilman Neveaux moved to table action until December 11, 1978. Motion
seconded by Councilman Geving. The following voted in favor: Mayor
Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes.
Motion carried.
Members requested staff compile criteria from other communities on
commercial real estate, apartment buildings, and single family for the
December 11 meeting.
CONDITIONAL USE PERMIT, AMATEUR RADIO ANTENNA -ROYBARKE: Mr. and Mrs.
Barke were present requesting a conditional use permit to construct a
amateur radio transmission antenna at 6901 Shawnee Lane. The tower is
approximately 60 feet high with a ten to twenty foot antenna on top.
The Planning Commission held a public hearing and recommended approval
with the condition that the setback will be such as the height of the
tower antenna will not fall outside the lot line, and that the permit
be subject to review upon complaints from neighbors. The Assistant City
Planner recommended approval subject to the added conditions:
1. That the antenna meet the standards set forth by the Uniform
Building Code.
2. That the antenna be dismantled after six months of termination of use.
3. That the antenna be subject to annual inspection.
Councilman Neveaux moved to grant the conditional use permit to Roy Barke,
6901 Shawnee Lane, based upon the recommendations of the Planning
Commission and with the additional stipulation that the permit be subject
to annual review by the city and that any complaints that the city
receives be referred to Mr. Barke for resolution. Motion seconded by
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Councilman Pearson. The following voted in favor: Mayo~ Hobbs,
Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes.
Motion carried. I
SUBDIVISION AND VARIANCE REQUEST, DR. JAMES MEYER: Dr. Meyer is
requesting approval to subdivide his property at 6225 Ridge Road into
two lots by metes and bounds. A variance is requested as the northerly
parcel will not front on a public street.
Councilman Pearson moved to approve the subdivision for Dr. Meyer into
two residential lots contingent upon a plat and grant a varianc~ for the
northern lot from the ordinance provision of frontage on a public
street. Motion seconded by Councilman Neveaux. The following voted
in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, 'and
Geving. No negative votes. Motion carried.
FRONT YARD VARIANCE REQUEST, LARRY DAHL: Mr. Dahl is proposing to
construct a garage and family room on his existing residence at 822
Elm Road, Carver Beach. A front yard variance of 22 feet is requested.
The Board of Adjustments and Appeals met on November 7, 1978, and
recommended approval of the variance due to the extreme topographic
problems.
Councilman Pearson moved to grant a 22 foot variance for Mr. Dahl
based upon the extreme topographical conditions. Motion seconded by
Councilman Geving. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes.
Motion carried. I
DEVELOPMENT CONTRACT Al1ENDMENT, CHAPPAREL - NEW HORIZON HOMES: Staff
noted that the contract is agreeable to New Horizon Homes and recommended
approval.
Councilman Neveaux moved to approve the development contract for New
Horizon Homes. Motion seconded by Councilman Pearson. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, ~~aritz, and
Geving. No negative votes. Motion carried.
1978 TEMPORARY IMPROVEMENT BONDS: Bob Sander of Juran and Moody was
present to discuss the proposed bond issue.
RESOLUTION #78-68: Councilman Pearson moved the adoption of a resolution
providing for issuance and public sale of $990,000 general obligation
temporary improvement bonds of 1978. Resolution seconded by Councilman
Waritz. 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
Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux, Waritz, and Geving. No negative votes. Meeting adjourned
at 11:45 p.m.
Don Ashworth
City Manager
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