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1977 04 18 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING APRIL 18, 1977 Mayor Hobbs called the meeting to order at 8:00 p.m. with the following members present: Councilmen Pearson, Neveaux, Geving, and Waritz. 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 additions of Grant Applications and County State Aid Road System. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. MINUTES: Councilman Pearson moved to amend the April 4, 1977, Council minutes by adding under LIQUOR LICENSE APPLICATION - BOWLING CENTER on page 3, first paragraph: The Council members were not acting as a City Council and each individual gave strictly pe;r-sonalcomments on the concept of a liquor license in a bowling center. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. Councilman Neveaux abstained. Motion carried. Councilman Waritz clarified his statements under LIQUOR LICENSE APPLICATION - BOWLING CENTER in the April 4, 1977, Council minutes. "I have no problem with a bowling center or liquor or a bowling center and liquor in Chanhassen. As to whether or not it should go in that location, I still don't know. I have not made up my mind." A motion was made by Councilman Pearson and seconded by Councilman Waritz to approve the April 4, 1977, Council minutes as amended. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. Councilman Neveaux abstained. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Pearson to note the February 17, 1977, Community Facilities Study Committee minutes. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Pearson to note the March 17, 1977, Community Facilities Study Committee minutes. The following voted in favor: Councilmen Pearson, Neveaux, Geving, and Waritz. Mayor Hobbs abstained. Motion carried. A motion was made by Councilman Geving and seconded by Councilman Pearson to note the March 31, 1977, Community Facilities Study Committee minutes. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. A motion was made by Councilman Pearson and seconded by Councilman Waritz to note the April 13, 1977, Regular Planning Commission minutes. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. WEST 79TH STREET WATERMAIN - FEASIBILITY STUDY: The City Council tabled action on this item on March 21, 1977, waiting development plans for this area. Mr. Hanus stated he hopes to be on the next Planning Commission agenda with revised plans. Councilman Neveaux moved to table action on a feasibility study of the West 79th Street watermain project (Klingelhutz, Kurvers, and Hanus City Council Meeting April 18, 1977 -2- Properties) until such time as final development· plans I are known. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. PARK ACQUISITION AND DEVELOPMENT ORDINANCE: The City Council asked the City Staff to present additional information regarding a new Park Acquisition and Development Ordinance being considered. The Park and Recreation Commission had presented the proposed ordinance and recommended the City Council approve such. After discussion, the Council noted concerns of developer's in the area and requested that further action on this item be tabled until such time as those questions could be answered. The Mayor asked that this item be again discussed on May 2, 1977. No action will be taken by the Council on May 2, but instead discuss possible ramifications of the proposed ordinance. No further action was taken. BILLS: Councilman Geving questioned expenditures for personnel for uniforms and clothing. The Manager responded stating that the 1977 budget included monies for safety equipment required by O.S.H.A., difference between work boots and glasses versus safety boots (steel toes) and glasses (hardened lenses); and, also, costs of outer clothing for certain functions, i.e. sewer maintenance, oiling, vehicle maintenance, etc. No clothing is to be taken home except to be cleaned. Councilman Geving moved to approve the March bills as presented. I Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. PETITION FOR WATER SERVICE: Clarke Nicholson and Arnon Reese from Crestview Drive presented a petition signed by 100% of the property owners requesting city water. Mr. Nicholson's well is not functioning at this time. After consideration, the City Council directed staff to place this item on the May 2, 1977, council agenda and requested staff to verify that the petition did represent 100% of the owners on Crestview, to complete a feasibility for the project and to prepare the advertisement for bids (all assuming the 100% endorsement), all to be considered for final action on May 2, 1977. Resol L<. /- /o{\ I 'it - A STREET LIGHT IMPROVEMENT PROJECT - LONGVIEW CIRCLE: The City has received a petition from 100% of the property owners on Longview Circle for installation of decorative street lights. Given the fact 100% of the owners favor the improvement, a public hearing is not required prior to installation of a project such as the street lights; and, further, given the nature of the project a formal feasibility report and bids are not required. After consideration, Councilman Pearson moved to amend the street I light policy placed on new developments to include the allowance for street light installation in existing areas, i.e. street light installation costs shall include operational costs for the first two years or until 75% of the lots are developed, but in no case less than a one year period; and, given that the petition for Longview included operational costs for the one year period and would be 100% assessed, that the request as presented by approved. I I I City Council Meeting April 18, 1977 -3- Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,Geving, and Waritz. No negative votes. Motion carried. CLARIFICATION OF ORDINANCES 45 and 33-B: The City Attorney presented a report noting that there are certain ambiguities between the State Law, Metropolitan Council requirements, and local ordinances regarding the subdivision of lands in unsewered areas. Specifically, Metropolitan Council policies are geared to discouraging development of the rural and agricultural areas. The City Council has attempted to discourage development in these unsewered lands by not allowing subdivision of lands in these areas. However, both of these appear to conflict with the State Law allowing lands to be subdivided, but which also allows for the municipality to control development of subdivided land. Of concern to the City Council is the potential jeopardy that these regulations could place on a potential buyer, allowed to purchase a newly subdivided land, but not being allowed to develop such; all without the knowledge that such development would not be allowed. Councilman Pearson moved to establish first reading of an ordinance placing a moritorium on further development in the unsewered areas of the City, excepting out of such moritorium those lands previously approved for development and those as provided by special exception of the City Council. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. VOLUNTEER RECOGNITION WEEK: Mayor Hobbs presented a proclamation recognizing the week of April 24 - April 30, 1977, as Volunteer Recognition Week. This recognition corresponds with the Governor's proclamation for volunteer service during this period, but provides the City of Chanhassen an opportunity to extend a personal thank you to each of our volunteer organizations and individuals who carry out a significant service to the residents of the city. The Assistant City Attorney was instructed to prepare such proclamation. Councilman Neveaux moved to support the Mayor's proclamation and authorize the Mayor to sign said proclamation for the city. Councilman Geving seconded the motion. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. GRANT APPLICATIONS: Councilman Geving asked what progress was being made on the Lake Ann expansion grant application. Park and Recreation Chairman, Joe Betz was present and stated that, with the new community services officer now on board, that he anticipated the Park Commission would be working diligently on several applications and the overall park plan. According to information received, Lawcon applications would not be due for another two to three months. The Lake Ann expansion project may not be as applicable for funds as other projects. No further action was taken. DOT - BRIDGE DECK REPLACEMENT: The Manager presented his report concerning the re-routing of Highway 5 traffic. No action was taken. PENDING STATE LEGISLATION: Mr. Hjermstad's legislative response was noted. No further action taken. City Council Meeting April 18, 1977 -4- EASEMENT ACQUISITION PRESENTATION: Councilman Neveaux moved to instruct the City Attorney to proceed with negotiations for ponding acquisition with Mike Sorenson in accordance with his confidential I letter to the City Council dated April 13, 1977. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. A motion was made by Councilman Pearson and seconded by Councilman Geving to adjourn. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, Neveaux, and Waritz. No negative votes. Meeting adjourned at 11:30 p.m. Don Ashworth City Manager I I