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1977 09 19 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING SEPTEMBER 19, 1977 Mayor Hobbs called the meeting to order at 8:10 p.m. with the following members present: Councilmen Geving and Waritz. Councilman Pearson came at 8:50 p.m. Councilman Neveaux was absent. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: Councilman Waritz moved to approve the agenda as presented with the addition of set date for short sleeve budget meeting. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Geving and Waritz. No negative votes. Motion carried. PUBLIC HEARING PRESENTATION OF 1978 BUDGET INCLUDING PROPOSED USES OF REVENUE SHARING FUNDS The City Manager presented the budget for Council consideration and review. The Council will take action on the budget on October 3. Copies of the budget can be obtained at City Hall. MINUTES: Councilman Geving moved to approve the September 6, 1977, Council minutes as presented. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Geving and Waritz. No negative votes. Motion carried. Amend the motion under TEMPORARY LICENSE FOR NON-INTOXICATING LIQUOR in the September 12, 1977, Council minutes to read: Councilman Pearson moved to authorize the City Manager to issue a non-intoxicating temporary liquor license to St. Hubert's Church for the following dates: Fall Festival - September 17 and 18 Turkey Bingo - November 20 Bingo - December 2 Dance - February 3 or 4 Spring Bingo - latter part of April The temporary license is only for events listed above. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. Councilman Waritz moved to approve the September 12, 1977, Council minutes as amended. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Geving and Waritz. No negative votes. Motion carried. STORM WATER DAMAGE - 7337 FRONTIER TRAIL: Mrs. Wahlberg previously submitted a letter to the Council regarding water damage on their property. The City Manager submitted the letter to the City's insurance carrier. To date there has been no response. The Wahlberg's claim the street in front of their home was incorrectly installed causing the water to run over their property. Councilman Pearson came at 8:50 p.m. Councilman Waritz moved to authorize the City Engineer to make a~tudy of the roadway in front of 7337 Frontier Trail to determine how the street has been constructed. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Waritz and Pearson. Councilman Geving voted no. Motion carried. Council Meeting September 19, 1977 -2- SENIOR CITIZEN DEFERRMENT REQUES,T - PROJECT 75-10 - MARY KURVERS: Sta'ff' pres'ented three alternatives for a deier'rment by the Council. Frank and Mel Kurvers were present. I Councilman Geving moved to table action until October 3 to allow the applicant time to review options. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. VARIANCE REQUEST AND SEWER MORATORIUM - ADOLPH TESSNESS: Adolph Tessness was present requesting a varia'nce 'to the 'Subdivision Ordinance as the property located between Bandimere Heights and Shore Acres does not front on a public street. The sewer moratorium ordinance does not allow construction on a lot that was platted by metes and bounds. There exists no variance procedure under the sewer moratorium ordinance. The Council previously acted to place on first reading an amendment to the sewer moratorium ordinance providing a variance procedure. The Planning Commission recommended that as this lot does have a 33 foot easement across the north end that it does have legal access and the applicant be allowed a variance from the Subdivision Ordinance. Councilman Pearson moved the adoption of an ordinance amending Section 2.02 of Ordinance 64 "An Interim Ordinance Temporarily Prohibiting Construction or Development within the areas of Chanhassen not Served by City Sanitary Sewer ". Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Waritz. Councilman Geving voted no. Motion carried. I Councilman Pearson moved to accept the Planning Commission's recommendation to grant a variance to the Subdivision Ordinance Section 15.02 with the provision that the structure be set back at least 80 feet south, of the north property line, meet the set back regulations of the City and meet the Shore land Management Ordinance requirements. Motion 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 grant a variance to the Sewer Moratorium Ordinance to allow a home to be built on this lot. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Waritz. Councilman Geving voted no. Motion failed for lack of 4j5ths vote. WEST 79TH STREET AND WATER IMPROVEMENT PROJECT - FEASIBILITY STUDY: Don 'Hanu's and Frank Kurve'rs were present. The" City Eng in"eer discussed the feasibility study. The total estimated cost of the project is $49,792.00. RESOLUTION #77-55: Councilman Pearson moved the adoption of a resolution accepting the Feasibility Study for West 79th Street and I Watermain Improvement and hold a public hearing on October 3, 1977, at 7:30 p.m. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving and Waritz. No negative votes. Motion carried. I I I Council Meeting September 19, 1977 -3- LAKE SUSAN HILLS FEASIBILITY STUDY: The City Engineer has completed the sewer portion of the feasihility study but before the Council can consider accepting the study and/or ordering.. the public approval from the Metropolitan Waste Control Commission is needed. The petitioner, Dunn and Curry, are in support of Alternate No.2. This alternate does meet all the needs for the City of Chanhassen and is in accordance with the approved plan. Councilman Pearson moved that the Lake Susan Hills Feasibility Study be submitted to the Metropolitan Waste Control Commission for their review. The study reflects the sizing of what was originally proposed under the Lake Ann Interceptor and additionally shows the minimum needs for the City of Chanhassen. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. DON HANUS: Mr. Hanus asked for a continuance of the court complaint until his new building is completed. At that time he can move the trucks, etc. inside. The Council agreed to wait until November 15. Mr. Hanus also asked if he could use the former feed mill property for employee parking and restrict the night time parking. He was told that the establishment of an employee parking lot would require a conditional use permit. He could sign his property against night time parking. BILLS: Councilman Geving moved to approve the August bills as presented. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. VARIANCE REQUEST - JEROLD MEYER: Craig Mertz explained the action taken earlie'r "this evening by 'the'BÒard of Adjustments and Appeals . A motion passed unanimously to grant the variance subject to three conditions: 1) No remodeling would be permitted which would overhang the lotline. 2) No remodeling that could result in any structure being located closer to the lake than 85 foot setback line which was indicated on the petitioner's plat dated July 27, 1977, and filed with his application. 3) The peak of the petitioner's roof would not exceed the peak on the roof of the house to the west by more than one foot. The Board received several letters for and against the proposed variance. Several neighbors were present. Councilman Pearson moved to approve the recommendation of the Board of Adjustments and Appeals. Motion seconded by Councilman Geving. The following voted in favor: Councilmen Geving, Pearson, and Waritz. Mayor Hobbs voted no. Motion failed. WEST LOTUS LAKE DRAINAGE STUDY: Gene Coulter, Peter Linsmayer, Theresa Erlckson', Ted cfeLan'cey,' Roger Bongard and Mike Hughes were present requesting that something be done to stop the erosion in several drainage areas entering Lotus Lake from the west. RESOLUTION #77-56: Councilman Pearson moved the adoption of a resolution authorizing a feasibility study for Lotus Lake Drainage Areas as part of a future public improvement project. Resolution seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. council Meeting September 19, 1977 -4- The City Engineer will set a date for the completion of the feasibility study. I REVIEW OF ASSESSMENT, PROJECT 75-2, KEN MILLIS: Mr. Millis of 6719 !~oquois 0~s þr"es"ent ie~ues~ing a reduction in his sewer, water, and street assessment as he does not abut an improved public street. After discussion, no motion was made to reconsider this assessment. The motion of October 6, 1976, stands. CONSENT AGENDA: Mayor Hobbs asked if any Council member wished to discuss any items on the consent agenda. Mayor Hobbs requested Item ge be discussed separately. As no other Council members questioned items on the consent agenda the Mayor asked staff if any citizen comments had been received concerning these items and asked if there was anyone present to discuss items on the consent agenda. Being none, the Mayor entertained a motion from Councilman Geving and seconded by Councilman Pearson to approve the following items pursuant to the City Manager's recommendations: a. Certification of Delinquent 1977 Utility Accounts for taxes payable 1978. b. Tennis Court Grant Approval, Chanhassen.Elementary School. c. Designation Arboretum Drive One-Way, October 1, 1977, Fall Festival. d. Community Facilities Resignation - Kay Faust. f. Set date for short sleeve budget meeting - September 26, 1977, at 7:30 p.m. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. I Councilman Pearson moved to adjourn. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes. Motion carried. Meeting adjourned at 12:15 a.m. Don Ashworth City Manager I