1977 10 03
I
I
I
REGULAR CHANHASSEN CITY COUNCIL MEETING OCTOBER 3, 1977
Mayor Hobbs called the meeting to order at 7:15 p.m. with the following
members present: Councilmen Pearson, Neveaux, Geving, and Waritz.
PUBLIC HEARING
1978 PROPOSED BUDGET INCLUDING REVENUE SHARING ALLOCATIONS
Mayor Hobbs stepped out of the Council Chambers for a few minutes so
Acting Mayor Neveaux called the hearing to order. The Council and
Manager discussed the proposed budget. The following changes were
proposed:
1. Page 44, Public Works - subtract $1,000, Overtime, Regular.
2. Page 67, Planning Administration - delete $2,500, Buildings
and Structures.
Councilman Waritz moved to close the public hearing. Motion seconded by
Councilman Pearson. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes.
Motion carried.
PUBLIC HEARING
WEST 79TH STREET AND WATER IMPROVEMENT PROJECT 77-4
Mayor Hobbs called the hearing to order with the following persons
present: Franklin Kurvers, Gene Coulter, Daniel Klingelhutz, Don Hanus,
and John Klingelhutz.
Bill Brezinsky explained the feasibility study. The proposed project
includes the installation of watermain to serve the area north of
Highway 5 between Great Plains Blvd. and Dakota Avenue. Also included
is a 9 ton street to serve the Hanus and Kurvers properties and a
secondary access to serve the Klingelhutz property. Water service
would be provided with an eight inch watermain extending from the
existing six inch line on the west side of Great Plains Blvd. easterly
to a connection with an existing eight inch watermain on Dakota Avenue.
The total estimated cost of the project is $49,792.00.
Frank Kurvers - I was wondering where that policy is as far as the water
is concerned, when was that ever used?
Bill Brezinsky - That was used on the Buesgens Office Park. The entire
lateral cost was assessed on that property.
Don Hanus - I am extending that 9 ton road all the way through and I
was wondering if it is possible that we can incorporate Apple Valley
in some of that assessment, especially the part I am putting in there.
Apple Valley has asked that the road be put in.
Bill Brezinsky - It would have to be a public street before it could
be assessed.
Russell Larson - If Apple Valley and Don Hanus would come in with a
letter asking that the road be extended and that they will bear their
fair share of the cost of that extension, then I can clear it.
Don Hanus - I will talk with Math Fischer.
Mayor Hobbs - If you put it through, Don, on your own, then that would
just be a private agreement between two private parties.
Councilman Geving moved to close the public hearing. Motion seconded
by Councilman Pearson. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes.
Motion carried.
Council Meeting October 3, 1977
-2-
WEST 79TH STREET AND WATER IMPROVEMENT PROJECT 77-4:
RESOLUTION #77-57: Councilman Pearson moved the adoption of a I
resolution authorizing the Engineer to prepare detailed plans and
specifications and advertise for bids on West 79th Street and
Water Improvement Project 77-4. Resolution seconded by Councilman
Neveaux. The following voted in favor: Mayor Hobbs, Councilmen
Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion
carried.
PROPOSED 1978 BUDGET: Councilman Pearson moved to adopt the 1978
Budget as amended. Motion seconded by Councilman Geving. The
following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,
Waritz, and Geving. No negative votes. Motion carried.
RESOLUTION #77-58: Councilman Neveaux moved the adoption of a
resolution levying property tax collections for the year 1978 in
accordance with the budget as amended and approved. Resolution
seconded by Councilman Geving. The following voted in favor: Mayor
Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative
votes. Motion carried.
MINUTES: Councilman Geving moved to approve the September 19, 1977,
and September 26, 1977, Council 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 Neveaux moved to note the September 14, 1977, Planning I
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 moved to note the September 22, 1977, Community
Facilities Study Committee minutes. Motion seconded by Councilman
Waritz. The following voted in favor: Mayor Hobbs, Councilmen
Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion
carried.
Councilman Pearson moved to note the September 8, 1977, Park and
Recreation Commission minutes. Motion seconded by Councilman Waritz.
The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux, Waritz, and Geving. No negative votes. Motion carried.
REQUEST FOR RECONSIDERATION, CONSERVATION EASEMENT - ROBERT REICHERT:
Robert Reichert and Greg Gustafson, Attorney, were present requesting
the Council reconsider the conservation easement placed on out lots
on the south side of Pleasant View Road. Mr. Reichert feels the
easement is not necessary as long as the City has adopted the
Shoreland Management Act by ordinance.
Councilman Neveaux moved to reconsider Council action of June 6, 1977,
and refer this matter to the Planning Commission for additional study
and input as per the City Planner's letter of September 29, 1977.
Motion seconded by Councilman Waritz. The following voted in favor:
Mayor Hobbs, Councilmen Neveaux and Waritz. Councilmen Geving and
Pearson voted no. Motion carried.
I
I
I
I
Council Meeting October 3,1977
-3-
REQUEST FOR RECONSIDERATION, VARIANCE REQUEST.- ADOLPH TESSNESS:
On September 19, 1977, the City Council considered a variance request
to the Sewer Moratorium Ordinance to allow the issuance of a building
permit on a lot that is a metes and bounds lot and sanitary sewer is
not available. The request was defeated as a 4/5ths vote was necessary
for granting a variance. Councilman Neveaux was not present at this
meeting and requested the Council reconsider their action on October 3.
Councilman Neveaux moved to reconsider the request for variance for
Gilbert P.Laurent being represented by Adolph Tessness. Motion seconded
by Councilman Pearson. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, and Waritz. Councilman Geving abstained.
Motion carried.
Councilman Neveaux moved to grant a variance to the Sewer Moratorium
to allow a home to be built upon this lot. Motion seconded by Councilman
Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux, and Waritz. Councilman Geving abstained. Motion carried.
SENIOR CITIZEN DEFERRMENT, PROJECT 75-10 - MARY KURVERS: Meland Frank
Kurvers were present representing Mary Kurvers and requested that a
senior citizen deferrmentbe granted to one-half of the units in a
geographical division of the property.
Councilman Pearson moved to assess the 10 sewer lateral units, 32 trunk
sewer units, and 32 trunk water units with half of these units being
deferred for senior citizen deferrment. The City Engineer and/or Attorney
will determine which part of the property will be deferred but the
deferred units have to include the homestead. Motion seconded by
Councilman Neveaux. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes.
Motion carried.
REQUEST FOR RECONSIDERATION, PROJECT 75-10 - STREET ASSESSMENTS: Request
for reconsideration of street assessments were submitted by James Nichols,
Arnold Schroeder, Robert Nelson, and Lloyd Wenning. Several residents
were present. They received their original assessment against their
property as proposed by the Engineer and that the Council had made the
assessment for the street after that and they requested the Council
re-review this. The City Manager stated that the Council did act in
accordance with the law in this matter.
The above named persons also requested that the street assessment be
removed as their properties do not abut a public street. The Council
felt they had acted in accordance with previous city policy as Pleasant
View Road is their only method of ingress and egress these properties
derive the same benefit as those properties abutting Pleasant view Road.
The Council did not reconsider their previous action.
SATHRE EASEMENT ACQUISITION - PROJECT 75-10: The City Attorney asked
for authorization to proceed with acquisition granting to the City
Attorney the reasonable discretion to amend the terms, if necessary.
Councilman Pearson moved that
to settle the Sathre easement
letter of September 28, 1977.
The following voted in favor:
Geving. Mayor Hobbs voted no.
the Council authorize the City Attorney
on the basis outlined on page 2 of his
Motion seconded by Councilman Neveaux.
Councilmen Pearson, Neveaux, Waritz, and
Motion carried.
.
City Council Meeting October 3, 1977
-4-
CONSULTANTS PAYMENT, ACCOUNTING MACHINE - HOFFMAN AND HOFFMAN:
Councilman Neveaux moved that the bi11-for:$486~OOcfor services I
in 1976 between the City of Chanhassen and Hoffman and Hoffman
be approved and paid. Motion seconded by Councilman Geving. The
following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,
Waritz,and Geving. No negative votes. Motion carried.
MTC BUS ROUTE 53J AND 53S: Councilman Waritz brought to the Council's
attention that a decrease in bus service to Chanhassen is proposed.
It was decided to invite Gayle Kincannon to a council meeting to
discuss this matter.
STATE WIDE AUTO PARTS - INDUSTRIAL BUILDING PERMIT: LaVerne Vasser
was present seeking approval of a building permit to construct a
70' x 150'pole barn/industrial building to be located south of
Highway 212 in the flood plain of the Minnesota River.
The City Planner gave his report. The property is zoned R-IA, however,
since the salvage operation existed prior to the adoption of Ordinance
47, the use can continue as a non-conforming use for a period of
amortization. A non-conforming use cannot normally be enlarged.
However, the district court on April 11, 1974, ruled that Chanhassen
cannot refuse State Wide Auto a building permit because of its
non-conforming use status. Further, that the amortization clause
of the zoning ordinance is not applicable to this property. The
Planning Commission recommended approval of the building permit.
Staff recommended that the Council table action of the building I
permit to pursue what interest the U. S. Department of Interior
has in regards to acquisition of this property.
Councilman Neveaux moved to table action until October 17, 1977,
to allow staff time to contact the U. S. Department of the Interior
as to their acquisition plans for this property. Motion seconded
by Councilman Pearson. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, and Waritz. Councilman Geving abstained.
Motion carried.
Councilman Geving stepped out'of his position as Councilman to
discuss this matter. He is Financial Manager for the Department of
the Interior,Regional Office.
Dale Geving - As you know Mr. Mondale is now the Vice President of
the united States and he has been very fortunate in pushing a major
land acquisition program for a wildlife refuge and sanctuary on the
Minnesota River Valley, encompassing approximately 22 miles from
Fort Snelling to Jordan, Minnesota, and will be about a 19,000 acre
acquisition. The particular piece of property that we are speaking
about tonight,Mr. Vasser's, is one of those parcels that we have
already singled out as one which we want to acquire and we have maps
indicating such. Our concern here is that, for some time we didn't
know exactly how many dollars we were going to get for this project.
Since the Senator became the Vice President we now have in hand and
will be apportioned $25 million starting in 1978 to begin acquiring
these properties. We intend to make an offer to Mr. Vasser around
the first of January or sometime in the very near future for that
property. Our concern as financial people is that we do not want
a building to be constructed in an area that is a flood plain and
then at some future date have to pay a considerable amount more
than it would cost us today if we had to buy it as is.
I
I
I
I
City Council Meeting October 3, 1977
-5-
CONSENT AGENDA: Mayor Hobbs asked if any Council member wished to
discuss any items on the consent agenda. Mayor Hobbs requested Items
12d and 12e be discussed separately and Councilman Pearson requested
that Item l2b be separately discussed. 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 Neveaux and
seconded by Councilman Geving to approve the following items pursuant
to the City Manager's recommendations:
a. 1977 Bond Sale - Set date of November 7, 1977, for date of sale.
c. Tree Inspector.
The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,
Waritz,and Geving. No negative votes. Motion carried.
Councilman Neveaux moved to adjourn. Motion seconded by Councilman
Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux,Waritz,and Geving. No negative votes. Meeting adjourned at
11:40 p.m.
Don Ashworth
City Manager