1977 03 21
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REGULAR CHANHASSEN CITY COUNCIL MEETING MARCH 21, 1977
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: A motion was made by Councilman Pearson and
seconded by Councilman Neveaux to approve the agenda as presented with
the addition of Work Session and 911 Legislation. The following voted
in favor: Mayor Hobbs, Councilmen Neveaux, Pearson, and Waritz. No
negative votes. Motion carried.
MINUTES: A motion was made by Councilman Neveaux and seconded by
Councilman Waritz to approve the March 7, 1977, Council minutes. The
following voted in favor: Councilmen Neveau:x,andWariE:z. Mayor Hobbs
and COUl1cilman Pearsqn - abStained. Motion carried.
A motion was made by Councilman Pearson and seconded by Councilman Waritz
to note the March 9, 1977, Planning Commission minutes. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz.
No negative votes. Motion carried.
Councilman Neveaux moved to note the March 10, 1977, Ecological
Committee minutes. Motion seconded by Councilman Pearson. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,and Waritz.
No negative votes. Motion carried.
A motion was made by Councilman Waritz and seconded by Councilman Neveaux
to note the March 17, 1977, Board of Adjustments and Appeals minutes.
The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,
and Waritz. No negative votes. Motion carried.
PUBLIC HEARING
VACATION OF UTILITY EASEMENTS
EAST LOTUS LAKE PROJECT 75-10
CARVER BEACH PROJECT 75-2
MARCH 21, 1977, AT 7:40 P.M.
Mayor Hobbs called the public hearing to order with the fol1owinq
people present:
Mr. and Mrs. Joseph
Craig Mertz
Russell Larson
Bill Brezinsky
Welter, 7440 Chanhassen Road, Excelsior
The list of people present for this
public hearing is on file in the Clerk's
Office (see Lake Riley Blvd. Sewer and
Water Improvement Project file).
The purpose of this hearing is to vacate four construction easements
on the East Lotus Lake Sewer and Water Project and one easement in
the Carver Beach Improvement Project. Staff recommended the vacation
of the five easements. One of the easements was paid for by the City.
The property owner has refunded the money to the City.
Councilman Neveaux moved that the public hearing on the proposed
vacations of sanitary sewer easements, four in the. East Lotus La:ke
Improvement Project and one in the Carver Beach Project, be closed.
Motion seconded by Councilman Waritz. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative
votes. Hearing closed at 7:45 p.m.
Regular Council Meeting March 21, 1977
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EASEMENT VACATIONS:
RESOLUTION #77-12: Councilman Pearson moved the adoption of a I
resolution that the easement across the Metcalf property as described
in the Carver County Herald public hearing notice be vacated. This
easement was over Tract C, Registered Land Survey No. 28.
Resolution seconded-by Councilman Neveaux. The following voted in
favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No
negative votes. Motion carried.
RESOLUTION #77-13: Councilman Neveaux moved the adoption of a
resolution that the easement across the Welter property as described
in the Carver County Herald public hearing notice be vacated. This
easement is across part of Lots 2 and 3, Block 1, Sunset View.
Resolution seconded by Councilman Waritz. The following voted in
favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No
negative votes. Motion carried.
RESOLUTION #77-14: Councilman Pearson moved the adoption of a
resolution to vacate the Niehaus easement in the East Lotus Lake
area as described in the public hearing notice in the Carver County
Herald. This easement being across Lot 5, Rearrangement of Lots in
Pleasant View. Resolution seconded by Councilman Neveaux. The
following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,
and Waritz. No negative votes. Motion carried.
RESOLUTION #77-15: Councilman Waritz moved the adoption of a
resolution to vacate the Enockson easement across a part of Lot I
58 in Pleasant View. Said easement as described in the public
hearing notice in the Carver County Herald. Resolution seconded by
Councilman Neveaux. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion
carried.
RESOLUTION #77-16: Councilman Neveaux moved the adoption of a
resolution to vacate the Loescher easement across a part of Lot 58
in Pleasant View. Said easement as described in the public hearing
notice in the Carver County Herald. Resolution seconded by
Councilman Pearson. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion
carried.
PICK UP TRUCK - FIRE DEPARTMENT: Jack Kreger was present. The
fire department has taken bids on a 1977, 4x 4, pick Up, with or
without a box, pump and tank. The fire department recommended the
low bid from Superior Ford in the amount of $10,276.00 be accepted
by the Council. They further recommended action be delayed on
the bids for two radios,- lights and siren until further investigation.
A motion was made by Councilman Neveaux and seconded by Councilman
Pearson to award the bid for a 1977,~4 x 4, Pick Up to Superior Ford
as per Don Ashworth's memorandum of March 17, 1977, in the amount
of $10,276.00. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion
carried.
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Regular City Council Meeting March 21, 1977
UTILITY VAN - UTILITY DEPARTMENT: Bids have been received for a 1977
van for the utility Department. Staff recommended the low bid from
Waconia Dodge in the amount of $5,049.00 including trade in be accepted.
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A motion was made by Councilman Pearson and seconded by Councilman
Neveaux to accept the low bid from Waconia Dodge in the amount of
$5,049.00 including trade in. $6,000 was included in the Utility Fund
Budget for this purchase. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion
carried.
LAKE RILEY UTILITY IMPROVEMENTS - ORDER FEASIBILITY STUDY: The
following petitions were presented to the City Council:
We, the undersigned property owners of Shore Acres
and Bandimere Heights do not want Lake Riley Boulevard
and Kiowa Trail connected for through traffic.
38 signatures
We, the undersigned property owners of Shore Acres
and Bandimere Heights do not desire installation of
sanitary sewer and water lines to service the properties
on Lake Riley Boulevard and Kiowa Trail.
7 signatures - Lake Riley Blvd.
2 signatures - Great Plains Blvd.
16 signatures - Kiowa Trail
Also received was a listing of parties present for this informational
meeting (24 signatures).
A letter from Nicholas John Stockwell was read to the City Council.
All of the above petitions, persons present listing, and letter were
accepted by the City Clerk and are on file at City Hall and are hereby
made a part of these minutes.
RESOLUTION #77-17:
Councilman Neveaux moved to direct the City Engineer to c()meforward
with a feasibility study for sewer and dry water pipes iri the Lake
Riley Boulevard area addressing the points in the notice of meeting
that was sent to residents of the Lake Riley area only in regard to
point #3; what vertical and horizontal alignment changes of Lake
Riley Boulevard should be studied, and point t4; if installation of
water lines is desired by homeowners, realizing that water supply will
not be available. The study should also relate to the fact that this
project should be 100% financed. Resolution seconded by Councilman
Pearson. The following voted in favor: Mayor Hobbs, Councilmen Waritz,
Pearson, and Neveaux. No negative votes. Motion carried.
1977 LIQUOR LICENSE APPLICATION: A motion was made.by Councilman Pearson
and seconded by Councilman Waritz that the Council has duly noted the
report of Sgt. Anding dated March 7, 1977, covering the 14 month period
from January 1, 1976, to February 28, 1977, which reported on the number
of arrests for Driving While Under the Influence of Intoxicating
Llquors. This Council feels that all of the Chanhassen proprietors
should receive notice of this report and govern the.management of their
establishments accordingly. The following voted in favor: Mayor
Regular City Council Meeting March 21, 1977 -4-
Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes.
Motion carried.
Councilman Neveaux moved the issuance of the following licenses I
to the American Legion Post #580: On Sale Non-Intoxicating,
Off Sale Non-Intoxicating, and Club License. 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 the issuance of the following licenses
to the Bloomberg Companies dba Chanhassen Dinner Theatre: On Sale
Intoxicating, Off Sale Intoxicating, On Sale Non-In1:oxicating, Off
Sale Non-Intoxicating, and Sunday Intoxicating License. Motion
seconded by Councilman Neveaux. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative
votes. Motion carried.
Councilman Pearson moved the issuance of the following licenses
to Pauly's Bar, Inc. as follows: Off Sale Intoxicating, On Sale
Intoxicating, and Sunday Intoxicating License. Motion seconded by
Councilman Waritz. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, and Waritz. No negative votes.
Motion carried.
Councilman Waritz moved the issuance of the following licenses
to the Riviera Club, Inc. as follows: On Sale Intoxicating and
Sunday Intoxicating License. Motion seconded by Councilman Pearson.
The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux, and Waritz. No negative votes. Motion carried.
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Councilman Pearson moved the issuance of the following licenses
to Charles Ka11estad dba Victoria's as follows: On Sale Intoxicating
and Off Sale Intoxicating. Motion seconded by Councilman Neveaux.
The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux,and Waritz. No negative votes. Motion carried.
Councilman Neveaux moved the issuance of an Off Sale Non-Intoxicating
License to Kenny's Market. Motion seconded by Councilman Waritz.
The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux, and Waritz. No negative votes. Motion carried.
Councilman Pearson moved the issuance of an On Sale Non-Intoxicating
License to Bluff Creek Golf Association. Motion seconded by
Councilman Waritz. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion
carried.
A motion was made by Councilman Neveaux and seconded by Councilman
Pearson to table action on st. Hubert's On Sale Non-Intoxicating
License application. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion
carried.
BILLS: Delete the bill from Satellite Industries in the amount
of $55.74.
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Regular City Council Meeting March 21, 1977
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Councilman Waritz moved to approve the bills as presented with the
deletion of the Satellite Industries bill. Motion seconded by
Councilman Neveaux. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion
carried.
VARIANCE REQUEST - JOHN VARNER: Mr. Varner was present requesting
a variance to the area requirement on his property at 6727 Kiowa.
Sewer and water is available to the property and has been assessed
one unit. Staff recommended approval of the variance. The Board of
Adjustments and Appeals recommended the Council grant the variance
request. The property is 14,000 square feet.
Councilman Neveaux moved that the variance be granted to Mr. John Varner
at 6727 Kiowa. for a building permit for Lots 1122, 1123, 1129-1133
Plat of Carver Beach. Motion seconded by Councilman Waritz. The
following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,
and Waritz. No negative votes. Motion carried.
VARIANCE REQUEST - TERI HOMES, INC. Teri Homes, Inc. is requesting
a variance to the area requirement to construct a home on Lots 1902,
1915, 1916, 1917, and 1918, Carver Beach. Sewer and water is
available to the property but because of its small size (9,300 square
feet) it was assessed án area charge of $900 instead of a unit assessment.
Staff recommended the variance be denied. The Board of Adjustments
and Appeals recommended the variance be granted because the subject
property almost meets the 10,000 square feet as called for in the
Carver Beach Guide Plan and the property borders on what appears to be
an unbui1dab1e lot. The house as proposed meets all setback requirements.
A representative from Teri Homes was present.
A motion was made by Councilman Waritz and seconded by Councilman Neveaux
to grant a variance to Teri Homes, Inc. for Lots 1902, 1915, 1916, 1917,
and 1918, Plat of Carver Beaèh. The applicant must meet all setback
requirements of the Zoning Ordinance. The applicant is responsible
for the sewer and water unit charge and SAC charge. The following voted
in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No
negative votes. Motion carried.
WEST 79TH STREET WATERMAIN - FEASIBILITY STUDY: Frank Kurvers and Don
Hanus were present. The Council ordered the feasibility study in
September 1976. The City Engineer has held the completion of the
study pending final development plans in the area.
Mr. Hanus stated he plans to appear before the P12m:n.ing Commission,
in the near future, with revised plans. - Frank ~urvers stated he wants
water right now to develop his land.
The City Engineer stated they would like to see some development plans
on these pieces of property to know what the final gradeof.the road.
if? gqing to be so they can put in the water accordingly andhopef1i11y
include part of the road in with the watermain construction.
Councilman Neveaux moved to table action on this until the AprIl 18
Council meeting. Motion seconded by Councilman Waritz. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz.
No negative votes. Motion carried.
Regular City Council Meeting March 21, 1977
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ERIE AVENUE, WEST 77TH STREET, CHAN VIEW STREET AND DRAINAGE I
IMPROVEMENT PROJECT 75-11: Fred Coulter was present. The Council
previously approved plans and specifications for this project.
staff recommended that the Council authorize bids for this project.
RESOLUTION #77-18: Councilman Pearson moved the adoption of a
resolution authorizing the City Engineer to take bids on Project
75-11: Resolution seconded by Councilman Neveaux. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and
Waritz. No negative votes. Motion carried.
CONDITIONAL USE PERMIT - CHANHASSEN LAWN AND SPORTS: Bernard Hanson
was present. The City Council issued a building permit to Mr. Hanson
in 1975 to construct a temporary storage shed on his property. The
issuance of the permit was conditioned upon Mr. Hanson completing
screening of the outside storage area. The terms and conditions
of the building permit have not been completed by Mr. Hanson. Staff
recommended the Council turn this matter over to the City Attorney
for prosecution.
Bernard Hanson - One of the reasons why it hasn't been screened is
I have been negotiating with Mr. Bongard going on
five years to purchase the building. That's why I
asked for a temporary or conditional use for this
building or I would have approached to build a
permanent structure. During this time we have had I
three or four break ins and the Carver County
Sheriff, which I talked to three of them, said that
they did not want it screened in for my protection
as far as thievery. The insurance company says
if it's screened in my insurance rates go up.
Councilman Neveaux moved that the City Manager meet with Mr. Hanson
to reconsider the conditional use permit and have this back to the
Council at the April 18 meeting. Motion seconded by Councilman
Waritz. The following voted in favor: Mayor Hobbs, Councilmen
Pearson,Neveaux, and Waritz. No negative votes. Motion carried.
CONDITIONAL USE PERMIT - COUNTRY CLEAN: The Council approved a
conditional use permit for Country Clean. At that time the owner
was to clean up his property. The Building Inspector has issued
an order to clean up the rubbish by March 12, 1977. Staff recommended
this matter be turned over to the City Attorney for prosecution.
Counci1manNeveaux moved that this matter be turned over to the City
Attorney for his disposition. Motion seconded by Councilman Pearson.
The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux, and Waritz. No negative votes. Motion carried.
NO PARKING ZONES - ORDINANCE AMENDMENT: Several of the no parking I
zones in the city are posted but not included in the ordinance.
The City Manager recommended that the Council place on first
reading an ordinance prohibiting parking on streets as set forth
in Exhibit A of this Agenda.
Councilman Neveaux moved to place the ordinance amendment on first
reading. Staff will review ~he areas recommended. Motion seconded
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Regular Council Meeting March 21, 1977
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by Councilman Waritz. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion
carried.
PLANNING COMMISSION REAPPOINTMENT: A motion was made by Councilman
Pearson and seconded by Councilman Neveaux to reappoint Hud Hollenback
to a three year term on the Planning Commission. The following voted
in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No
negative votes. Motion carried.
COMMUNITY SERVICES OFFICER: Staff recommended the Council set a
salary at $13,000.
Councilman Pearson moved to set the salary rahge from $'13,000 to
$13,200. Motion seconded by Councilman Neveaux. The following voted
in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No
negative votes. Motion carried.
WORK SESSION: Mayor Hobbs called a work session for April 25, 1977,
at 7:30 p.m.
POLICE CONTRACT: The City Manager will prepare a report to the
Council on policing.
SIGN REQUEST - LUTHERAN CHURCH OF THE LIVING CHRIST: The church
is proposing to construct two signs on their property. The first sign
is a 4' x 6' double faced identification sign. The second sign is
an eight foot circulation sign calling out the access road onto State
Trunk Highway 5. The Sign Committee recommended the Council approve
the sign requests.
Councilman Pearson moved to approve the two signs for the Lutheran
Church of the Living Christ as presented. Motion seconded by Councilman
Neveaux. The following voted in favor: Mayor Hobbs, Councilmen
Pearson, Neveaux, and Waritz. No negative votes. Motion carried.
LEVY LIMIT APPEAL - POLICE CONTRACT: Councilman Neveaux commended
the City Manager for his success with the State people to date.
1976 FINANCIAL STATEMENT: The City Attorney has rendered an opinion
that it is not necessary to publish the entire financial statement
since the official newspaper is not published in the city. In the
event the statement is not published the Clerk shall post copies in
three of the most public places in the city.
Councilman Neveaux moved to post the financial statement in three
public places in the city as per the City Attorney's letter of March
21, 1977. Motion seconded by Councilman Pearson. The following voted
in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No
negative votes. Motion carried.
911 LEGISLATION: This will be an agenda item on April 4, 1977.
A motion was made by Councilman Pearson and seconded by Councilman Waritz
to adjourn. The following voted in favor: Mayor Hobbs, Councilmen
Neveaux, Pearson, and Waritz. No negative votes. Meeting adjourned
at 11:00 p.m.
Don Aph~oFtµ, ç~ty ~ana~eF