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1977 07 11 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING JULY 11, 1977 Mayor Hobbs called the meeting to order at 8:00 p.m. with the following members present: Councilmen Pearson, Neveaux, Geving, and Waritz. Craig Mertz, Russ Larson, Bruce Pankonin, and Don Ashworth were present. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: Councilman Pearson moved to approve the agenda with the addition of discussion on application for LAWCON funding for a park. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. MINUTES: Amend page 2, line 3 of Resolution #77-34 in the June 21, 1977, City Council minutes to read: ..for sanitary sewer only with sealcoat restoration, sewer lateral,... Amend Resolution #77-37 on page 4 of the June 21, 1977, City Council minutes to read: 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 $7,500.00 and pay any costs which are not a part of an ordered improvement project. This resolution does not carry any inference that the proposed development plan received approval or concept approval by any board of the City. 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 approve the June 21, 1977, Council minutes as amended. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Waritz, and Geving. Councilman Neveaux abstained. Motion carried. Councilman Geving moved to note the June 22, 1977, Planning Commission minutes. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. Councilman Pearson expressed concern about the boats on Lotus Lake and if the City enters into some sort of a boat access on Lotus Lake the City will have to consider restricting the horsepower of boats on the lake. Councilman Geving moved to note the June 28, 1977, HRA minutes. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. Councilman Pearson moved to note the June 16, 1977, Community Facilities Study Committee minutes. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. City Council Minutes July 11, 1977 -2- PUBLIC HEARING STREET VACATION - SARATOGA LANE Mayor Hobbs called the public hearing to order at 8:25 p.m. The I following people were present: Tom Hannon, 5209 James Ave. So., Mpls. Pat Kerber, Chanhassen James Hawks Thomas Klingelhutz, Chanhassen Douglas M. Hansen, Minnetonka Craig Mertz recommended that the hearing be continued to August 1, 1977, due to an error in publishing the legal description. This would allow for time to republish. Tom Hannon - My first concern is that the new publication, if the Council so decides, a legal description will be six feet more to the west from where the initial cutoff was. Our problem is that with the garbage trucks and snow plows are going to have to have some means of turning around. It is also much more convenient for Mr. Kerber to get out of his driveway if he is given a little more room to back up on. Cutting the road off at his driveway, he could swing in but to go back out he needs some room to go back out. A possible concern of ours is that when the road is vacated from the public road to the western most part of his lot, it is our understanding that when a road is vacated that it is divided down the middle and half goes to the abutting property owners and we believe that Mr. Kerber would be entitled to half that road. Russell Larson - The survey does not show that he abuts anyplace along the vacated portion of the road. Tom Hannon - In other words Hansen and Klingelhutz owns the property between. . Russell Larson - The vacation would all go to Hansen and Klingelhutz. The question that you will be asked to determine at the continued public hearing whether to vacate from "D" to "B" or vacate from· IIDII to "B" minus six feet. Mayor Hobbs - The other property owners are here perhaps they wish to comment. Jim Hawks - This is the first time this six feet idea has come up. Six feet is not a problem. One provision, you know there is an exception to the plat that hopefully will become a buildable lot some day and we will have a public right-of-way on the western end of the lot. We wouldn't want six feet more to interfere with the back yard requirements because that's a pretty minimum area now between the frontage on the cul-de-sac and where the vacation is going to take place. I would kind of like to have it indicated at least an understanding with the Planning Commission and Council when we try to locate a house on that lot. It's possible that it might be impossible to maintain a 35 foot setback by the fact of that 20 foot easement. I guess it doesn't matter really, except for that kind of a condition. Councilman Pearson moved to continue the public hearing to August 1, 1977. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. Hearing continued at 8:35 p.m. I I I I I City Council Minutes July 11, 1977 -3- TEMPORARY NON- INTOXICATING LIQUOR LICENSE ORDINANCE AMENDMENT - ST. HUBERT'S CHURCH: Fr. Armand Lubansky of St. Hubert's Church is requesting that the church's temporary non-intoxicating liquor license be increased to ten functions a year. This would require an ordinance amendment. Councilman Neveaux moved to place the proposed amendment on first reading. This amendment would require temporary license holders to state the number of times per year the license would be used, subject to Council approval. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. SARATOGA LANE FI RST AND SECOND ADDITIONS - UTILITI ES AND STREET IMPROVEMENTS: .. The Council ques ti oned the cityengirieert s invol vement in public improvements·~.:trrs-ta~lled in private developments. Hansen and Klingelhutz originally petitioned for the city to install the improvements which could require the city engineer to prepare plans and specifications. At this time Hansen and Klingelhutz have decided to install the improvements privately and the city engineer has already completed the plans and specifications and received bids. The Council will discuss at another meeting the role of the city engineer in public and private improvement projects. Councilman Pearson moved to approve the private installation of utilities and street improvements for Saratoga Lane First and Second Additions as prepared by Schoell and Madson dated June 24, 1977, upon del i very to the City of a bond in at 1 east the amount of the contract price. The Council requests a letter from Schoell and Madson certifying the plans and specifications. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. . Councilman Waritz - In this instance the City Council is authorizing the city engineer to act both as the engineer for the developer and the engineer for the City. This in no way is meant to set a precedent for this type of thing in the future. Mayor Hobbs - I feel that the city engineer and Hansen and Klingelhutz did in this case act prematurely in working together on finalizing plans and specifications for this project and I hope it won't happen again. BLUFF CREEK DRIVE - TRAFFIC REGULATIONS: Several res idents were present objecting to the speed of vehicles and the amount of truck traffic on the street. The Council decided to leave the 30 MPH speed limit signs as is and requested residents to furnish City Staff with names of offenders so that the City Manager can write letters to the vehicle owners. The Maintenance Superintendent will survey the street to see if there is enough deterioration to warrant posted load limits. The city engineer will prepare a report on speed bumps and dips for the next Council meeting. AMBULANCE SERVICE - METHODIST HOSPITAL AND SMITH AMBULANCE: Earl Dre"sser, President of Methodist Hospital, was present to discuss the budgeted deficit incurred by Methodist Hospital in providing paramedic ambulance service (a joint effort with Smith Ambulance) to area communities. This year the program was cut back to 3~ ambulances but even so the expected 1977 deficit will be $144,000. It is anticipated that a general levy of 58¢ per resident levied by each of the municipalities benefitting from the paramedic service would provide sufficient monies to off set deficits arising from costs in excess of reimbursements and allowances for non- collections. The Council reviewed the program and were favorably impressed with the service. This request will be considered during the 1978 budgetary process. City Council ~·1eeting July 11, 1977 -4- ASSESSMENT APPEAL - PROJECT 75-2, ARTHUR O\-JHNS: Mr. Owens was present reques ti ng his sewer and water assessments be deferred dur to hardship. Mr. Owens owns 15 acres at 6535 Redman Lane. The City Attorney advised that under State Law, I the Council cannot change the current year's assessment but that Mr. Owens could make formal application to the City, under the hardship provision of the statute, for a deferrment of future year's assessments. The applicant will have to make a full disclosure of his financial capabilities and a determination will be made by the Council as to the true necessity of a deferrment on the basis of hardship. No action was taken. VARIANCE REQUEST - ELIZABETH NOVAK: Ms. Novak is requesting a frontage variance in order to build a home on Lots 8, 9, 18 & 19, Block 2, Red Cedar Point. Currently the property is being assessed two sewer and water units as two "seasona;" homes exist. It was decided to have the city engineer investigate to see if Lots 18 and 19 could gain access off Kirkham and if utilities would be available to these two lots. Councilman Geving moved to table action until the next meeting. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. Councilman Pearson moved to adjourn. Motion seconded by Councilman Neveaux. 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 I I