1977 06 21
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REGULAR CHANHASSEN CITY COUNCIL MEETING JUNE 21, 1977
Mayor Hobbs called the meeting to order at 8:00 p.m. with the following
members present: Councilmen Pearson, Geving, and Waritz. Councilman Neveau~
was absent. The meeting was opened with the Pledge to the Flag.
APPROVAL OF AGENDA: Councilman Geving moved to approve the agenda as
presented with the addition of St. Hubert's Church. Motion seconded by
Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen
Pearson, Geving, and Waritz. No negative votes. Motion carried.
MINUTES: Councilman Pearson moved to approve the June 6, 1977, City
Council minutes. Motion seconded by Councilman Waritz. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No
negative votes. Motion carried.
Councilman Pearson moved to approve the June 13, 1977, City Council minutes.
Motion seconded by Councilman Geving. The following voted in favor: Mayor
Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion
carried.
Councilman Pearson moved to note the May 25, 1977, Planning Commission
minutes. Motion seconded by Councilman Waritz. The following voted in
favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative
votes. Motion carried.
Councilman Geving moved to note the June 8, 1977, Planning Commission
minutes. Motion seconded by Councilman Pearson. The following voted in
favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative
votes. Motion carried.
Councilman Waritz moved to note the June 7, 1977, Park and Recreation
Commission minutes. Motion seconded by Councilman Pearson. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No
negative votes. Motion carried.
PAINT BIDS FOR CITY HALL AND FIRE STATION: The City Manager recommended
the Council accept the low bid from Lund Painting in the amount of $1,680.
Councilman Geving moved to accept the bid from Lund Painting in the
amount of $1,680.00 to paint the City Hall and Fire Station. Motion
seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried.
WATER METER PROPOSAL: The City Manager recommended the Council accept
the low proposal from Water Products Company in the amount of $4,079.
Councilman Geving moved to accept the Water Products Company bid for 100
water meters in the amount of $4,079.00 (one-half to be paid now upon
delivery of 50 meters and one-half to be paid after delivery of the second
50 meters on or about January I, 1978). Motion seconded by Councilman
Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Geving, and Waritz. No negative votes. Motion carried.
LAKE RILEY SEWER AND WATER PROJECT 77-2: Several residents were present.
A letter was received from Ron Ytzen in favor of Alternate #1 which.
includes sewer only and sealcoated street.
City Council Meeting June 21, 1977
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RESOLUTION #77-34: Councilman Pearson moved the adoption of a
resolution that the City proceed with Alternate #1 for Shore Acres
for sanitary sewer only with sealcoat restoration, sewer later, I
sewer trunk, sewer lift stations, force main and street realignment
as defined on Engineer's drawing 9351-3 dated May 1977 and delete
city water and finished street. The Engineer is directed to prepare
final plans and specifications for the improvement and submit to
the Council. The City Attorney will acquire the necessary right-of-
way. Resolution seconded by Councilman Geving. The following voted
in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No
negative votes. Motion carried.
Adolph Tessness expressed concern that if additional areas are taken
within the service area that a credit should be given for the trunk
costs.
CHANHASSEN LAWN AND SPORTS - CONDITIONAL USE PERMIT: Bernie Hanson
was present. A report was received from the building inspector stating
that as long as the gate is open when the building is occupied, there
is no problem with exiting. The Manager recommended the Council set
a date when open storage will cease on the site.
Councilman Pearson moved to grant a temporary conditional use permit
for the metal building and fenced area,as presently exists,until July
1, 1979. Motion seconded by Councilman Geving. The following voted
in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No
negative votes. Motion carried.
LOT 12 AUDITOR'S SUBDIVISION #2: Gene Coulter was present requesting I
information on what is happening on Lot 12. The Lot 12 Association
will receive a report.
ADOLPH TESSNESS: Mr. Tessness, representing the owner of a lot on
the northeast end of Kiowa Trail between Bandimere Heights and Shore
Acres, who wants to build a home on the lot. The lot is served by
a private easement. The Council referred this matter to City Staff
to determine whether it should go to the Planning Commission or the
Board of Adjustments and Appeals.
BILLS: Councilman Pearson moved to approve the bills as presented.
Motion seconded by Councilman Geving. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes.
Motion carried.
METROPOLITAN SYSTEM STATEMENT - CITY OF CHANHASSEN: James Daly, Metro.
Council Representative, Jim Uttley, Metro. Council Staff member,
Commissioner Jerome Aretz, Pat Murphy, Carver County Public Works Director,
and Bill Keeler, Shorewood Councilman were presen~ The City Council
acted not to appeal the System Statement as revised by Metro. Council.
The City Planner was instructed to prepare a letter to Metro. Council
defining more explicitly the assumptions and basis for not appealing
the System Statement. The City Council felt as though the parameters I
under which we were asked to review the System Statement need
further clarification to assure that the City Council's action was
not misinterpr2ted.
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City Council Meeting June 21, 1977
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VARIANCE REQUEST - WAYNE FRANSDAL: Mr. Fransdal wants to build a home
on a portion of Lots 27 and 28, Murray Hill Addition and is requesting
a 15 foot front yard variance. The Board of Adjustments and Appeals
recommended the Council grant the variance and asked the Council to
consider vacating 15 feet of right-of-way on each side of Murray Hill
Road provided the paved portion of the roadway is centered in the easement.
moved to grant a 15 foot front yard variance to Mr.
Motion seconded by Councilman Pearson. The following
Mayor Hobbs, Councilmen Pearson, Geving, and Waritz.
Motion carried.
Councilman Geving
Wayne Fransdal.
voted in favor:
negative votes.
No
VARIANCE REQUEST - DR. LUMIR PROSHEK: ~~. proshek wants to build a
home on an existing foundation on Lots 7 and 8, Red Cedar Point. This
basement is seven feet from the street right-of-way. City Staff
recommended that Dr. proshek prepare building plans that comply with
the City setback requirements. The Board of Adjustments and Appeals
tabled action until specific building plans are received.
Councilman Waritz moved to table action until specific building plans are
brought forth for the Board of Adjustments and Appeals to review. Motion
seconded by Councilman Pearson. The following voted in favor: Mayor
Hobbs, Councilmen Pearson, Waritz, and Geving. No negative votes.'
Motion carried.
VARIANCE REQUEST - KE~~IT JOHNSON: Mr. Johnson is requesting a variance
to build a home on a 12,000 square foot piece of property near the
intersection of Kiowa and Carver Beach Road. The property has heen
assessed for sewer and water. The Board of Adjustments and Appeals
recommended the Council grant a variance if the owner meets the city
setback requirements.
Councilman Pearson moved to grant an area variance to Mr. Kermit
Johnson. Motion seconded by Councilman Geving. The following voted in
favor: Mayor Hobbs, Councilmen Pearson, Waritz, and Geving. No negative
votes. Motion carried.
Gail Stone was present to ask if this property would fall under the new
R-lB zoning. This zoning does not apply to this property.
The City Attorney will render. an opinion en. whether Mr. Johnson has to
pay the new park fee as he applied for a building permit in May.
HESSE FARM REPLAT: Frank Burg was present. The Hesse's are requesting
permission to replat Lots 10, 11, and 12, Block 1, Hesse Farm into three
more desirable building lots. Staff recommended approval conditioned
upon completion of items in the development contract. Mr. Burg stated
the owners have no objection and are presently trying to get bids for
sealcoating the roads.
Councilman Pearson moved that the replat of Lots 10, 11, and 12, Block 1,
Hesse Farm, be approved as per revision dated May 4, 1977, File No. 4795
conditioned ~hat the streets be sealcoated as per the contract in 1975.
Motion seconded by Councilman Geving. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes.
Motion carried.
City Council Meeting June 21, 1977
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HANUS CONDITIONAL USE PERMIT - WEST 79TH STREET: Don Hanus was
present. The City Attorney read a letter from the Milwaukee Railroad I
stating they will not sell land to Mr. Hanus until the City withdraws
its litigation against the railroad and Mr. Hanus. The City has
received a petition from Mr. Hanus for streets and water.
RESOLUTION #77-35: Councilman Waritz moved the adoption of a
resolution approving the conditional use permit as presented and
authorize the City Attorney to dismiss the litigation vlithout
prejudice. Resolution seconded by Councilman Geving. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz.
No negative votes. Motion carried.
LAKE SUSAN HILLS: Ed Dunn, Stelios Aslanidis, and Rodney Hardy were
present requesting the City Council authorize a feasibility study for
improvements to the area. Lake Susan Hills will guarantee that the
costs of the study will be paid.
RESOLUTION #77-37: At the request of Lake Susan Hills Partnership,
Councilman Pearson moved the adoption of a resolution authorizing a
feasibility study to be guaranteed by Lake Susan Hills Partnership
not to exceed $7,500 and pay any costs which are not a part of an
ordered improvement project. Resolution seconded by Councilman Geving.
The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Geving, and Waritz. No negative votes. Motion carried.
ST. HUBERT'S CHURCH: Councilman Pearson read a letter from Fr. I
Armand Lubansky stating they have decided to give the old church
building to the City provided the City can raise sufficient funds
to make necessary repairs, take care of utility costs, and raise
money to be able to use the building for a library or some other
functional purpose. The building would be given to the City for
a year or two under this condition and would sign over the building
when funds become available. The property on which the building
stands would remain the property of St. Hubert's Parish.
PAUL ROJINA EASEMENT: The property is located at the intersection
of Erie and West 77th Street. The City Attorney explained the proposed
easement and property division that is agreeable with Mr. Rojina.
Mr. Rojina will grant an easement if the City agrees to divide the
parcel of land into two lots of 14,440 square feet each. A sewer
and water assessment will be added to the newly created lot at the
time a building permit is applied for. The drainage easement will
generally follow the lot line between the two lots.
RESOLUTION #77-36: Councilman Pearson moved the adoption of a
resolution approving the land division, stub in sewer and water to
the newly created lot and provide the assessments are not payable
until application is made for a building permit. Resolution
seconded by Councilman Geving. The following voted in favor: Mayor
Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes.
Motion carried.
Councilman Waritz moved to adjourn. Motion seconded by Councilman
Pearson. The following voted in favor: Mayor Hobbs, Councilmen
Pearson, Geving, and Waritz. No negative votes. Meeting adjourned
at 12:30 a.m.
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Don Ashworth, City Manager