1977 11 21
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REGULAR CHANHASSEN CITY COUNCIL MEETING NOVEMBER 21, 1977
Mayor Hobbs called the meeting to order at 7:30 p.m. with the following members
present: Councilmen Pearson and Geving. COOne ilnienNeveaux and Waritz came 1 ate. The
meeting was opened with the Pledge to the Flag.
APPROVAL OF AGENDA: Councilman Pearson moved to approve the agenda with the following
additions: Bill for St. Hubert's and Snow Removal Parking Restrictions. Motion
seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilman
Pearson and Geving. No negative votes. Motion carried.
AWARD OF BIDS - ELECTRICAL SERVICE - POLES AND BASES: Staff recommended acceptance
of the low quotation from Graybar in the amount of $4,449.40 for tennis court 1 ighting.
Councilman Pearson moved to accept the low quotation from Graybar Electric in the
amount of $4,449.40. Motion seconded by' Councilman Geving. The following voted in
favor: Mayor Hobbs, Councilmen Pearson and Geving. No negative votes. Motion carried.
Al~ARD OF BIDS - ELECTRICAL SERVICE - HOCKErRINK: Staff recommended the low bid
of Gunnar Electric be accepted in the amount of $4,600.00. Staff further recommended
this be partially funded through the park>bond construction fund and the remainqer
through the general fund. -
Pat Boyle, Park and Recreation Commission, stated that the Park Commission did not
recommend funding through the park bond construction fund but rather from money
available from repairing the hockey rink·s.
Councilman Neveaux and Councilman Waritz came at this time.
Councilman Geving moved to award the electric service improvement for hockey lights
to Gunnar Electric in the amount of $4,600.00 with the funding be in accordance
with the City Manager's memorandum of November 21, 1977. Motion seconded by
Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux, Waritz, and Geving. No negative votes. Motion carried.
PROPOSED MSAS 101 : Several property owners were present.
RESOLUTION #77-67: Councilman Neveaux moved the adoption of a resolution authorizing
the improvement of MSAS 101 as a Chapter 429 public improvement to construct the
roadway in conformance with Fi gure 2 depi cted on the City Engineer's updated feas ibil ity
report of October 31, 1977 and ordering the Engineer to prepare final plans and
s pecifi cat ions and as a part of the Chapter 429 procedure-, to authori ze the City
Attorney and his staff to acquire the necessary right-of-way. Resolution seconded by
Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux, Geving, and Waritz. No negative votes. Motion carried.
MINUTES: Councilman Geving moved to approve the November 7,1977, Council minutes.
Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, Waritz, and Gevi ng. No negati ve votes. Moti on carri ed.
Councilman Neveaux moved to note the November 2, 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 moved to note the November 9, 1977, Planning Commission minutes.
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 moved to note the November 1,1977, Park and Recreation Commission
minutes. Motion seconded by Councilman Pearson. The following voted in favor:
council Minutes, November 21, 1977 -2-
Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes.
Motion carried.
Councilman Geving moved to note the November 8, 1977, Park and Recreation I
Commission minutes. Motion seconded by Councilman Pearson. The following voted
in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No
negative votes. Motion carried.
REQUEST FOR RECONSIDERATION, CONSERVATION EASEMENT - ROBERT REICHERT: The
Planning Commission, on November 2, 1977, voted to not reconsider their action
of May 25, 1977. Bob Reichert and Bruce Thompson, Attorney, were
present. Mr. Thompson proposed that Mr. Reichert place a deed to
the outlots in escrow until the city has adopted a shoreland
ordinance.
Councilman Neveaux moved to reconsider the granting of final approval
on the plat of Bob Reichert subject to the conservation easement
that was placed upon it in June 1977. Motion seconded by Councilman
Waritz. The following voted in favor: Councilmen Neveaux, Waritz,
and Pearson. Mayor Hobbs and Councilman Geving voted no. Motion
carried.
This item will be placed on the December 5, 1977, Council agenda.
DON HANUS: On November 7, 1977, the Council acted to lift the "red
tag'l issued by the city for failure to comply with building conditions.
The city has received a performance bond in the form of a certificate
of deposit from Mr. Hanus. I
Staff recommended that should the Council determine to allow Mr. Hanus
to leave the structure in the changed location, the following conditions
should be considered:
1. Engineering prepared documents reflecting contour lines and
bituminous surfaces should be prepared, satisfactory to the city
engineer, insuring that the movement of the building has not disrupted
drainage as originally authorized.
2. Concrete curbing should be installed, pursuant to the approved
plan, prior to any occupancy of the structure.
3. New landscape plans should be prepared insuring that the concept
of such landscaping meets the original parameters of the council and
planning commission. Such landscape plan should be approved by the
planning commission prior to occupancy and plantings completed within
time schedules originally set.
4. Potential "site distance" problems with the access road created
by moving the structure can be mitigated by construction of continuous
concrete curb 15 feet to the west so as to move traffic circulation
westward. Mr. Hanus should be required to complete such work under
the direction of the city engineer.
5. Mr. Hanus should pay all extra costs incurred in installation
of the water line as a result of movement of the building.
6. Mr. Hanus should agree in writing to the above conditions.
The Council felt items 2 and.3 above shoul~be amended to June 1,
1978, instead of prior to occupancy. Item 5 above to include
administrative, legal, and engineering costs.
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Councilman Neveaux moved to accept the recommendations of the
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Council Minutes November 21, 1977
City Manager dated November 21, 1977, in regard to Hanus Car,and Truc~
Body Shop as amended this evening. Motlon seconded by Councllman Gevlng.
The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,
Geving, and Waritz. No negative votes. Motion carried.
Frank Kurvers - I am opposed moving this building within 10 foot of my
lot line.
BILLS: Councilman Neveaux moved to approve the October bills ~s
presented. Motion seconded by Councilman Pearson. The ~ollowlng vo~ed
in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Warltz, and Gevlng.
No negative votes. Motion carried.
ALLEN GRAY - SILVER BOW ESTATES - REZONING AND SUBDIVISION: Allen Gray
and John Kosmas were present requesting rezoning approval from R-IA to
P-l and subdivision of 5.4 acres into 12 residential lots and one outlot.
The Planning Commission held a public hearing on the proposal and
recommended approval subject to a 20 foot utility and drainage easement.
The City planner recommended approval subject to:
1. Mr. Gray entering into a development contract binding him to the
scope of the drawings submitted to date.
2. Posting necessary performance bonds guaranteeing anticipated
construction of the road, drainage ways, tennis court, concrete curb,
installation of utilities, etc.
3. Developing a homeowners association which will be responsible for
the management of the common areas. Within said homeowners association
the City should be party thereto.
4. Including any other concerns the city engineer or attorney may
express.
5. Agree to pay all expenses the city incurred in processing this
application for rezoning and subdivision.
Councilman Pearson moved to approve the subdivision for Allen Gray,
Planning Case P-300, and rezoning from R-1A to P-I in accordance with
the Planner's report and Planning Commission recommendations. Motion
seconded by Councilman Neveaux. The following voted in favor: Mayor
Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative
votes. Motion carried.
DAVID LARSON SUBDIVISION: Mr. Larson was present requesting approval
to divide 3.45 acres at 339 Pleasant View Road into three residential
lots. The Planning Commission held a public hearing on the proposal
and recommended the council grant short plat approval. The Planner
recommended approval provided Mr. Larson grant required drainage easements
to the city and pay all costs incurred by the city in processing his
application.
Councilman Neveaux brought to the council's attention the fact that
metes and bounds plats (short plats) are not allowed in the Subdivision
Ordinance without variance approval.
Councilman Pearson moved to approve the preliminary plat as submitted
and direct Mr. Larson to proceed to final plat. Motion seconded by
Councilman Geving. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes.
Motion carried.
Council Meeting November 21, 1977
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HANSEN AND KLINGELHUTZ, SANTA VERA ADDITION: Tom K1ingelhutz,
Doug Hansen, and Jim Hawks were present requesting approval of a
proposed planned unit development consisting of ten 8 unit apartment I
buildings on 6.6 acres located north of the Chanhassen Elementary
School. The Planning Commission held a public hearing on the
proposal and recommended approval provided the developer install an
earth berm along the open parking area in phase I, that they install
a sidewalk along the length of Laredo Drive in this development
to a four foot width, they should reserve some units with a higher
amenity package, the developer contribute $1,000 upon completion of
each of the four phases for its improvement or development of Western
Hills park and the developer modify the color renditions of the
buildings. The Planner recommended approval subject to the Planning
Commission recommendations and also that the developer be required
to provide some active recreation space for the residents, that
a temporary cul-de-sac be installed on proposed Saratoga Circle and
the name "Saratoga Circle" should be changed to Santa Vera Lane.
The following statement from Pat Boyle was read: "Speaking for
myself and as a member of the Park Commission, I would like some
consideration given for the need for open space within this complex
for a play area for the small children this type of development
will attract. Even though this area is located next to the
school play ground there are times when the school play area will
be in use and certainly would be more convenient for the people living
in the complex to have a play area located within the development. II
The proposal calls for 60 two bedroom apartment units and 20 one
bedroom units to be built in four phases.
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Councilman Geving moved to approve ·the planned unit development
for Santa Vera planned residential development consisting of ten
8 unit apartment buildings subject to the conditions of the Planner's
comments of November l7, 1977, and the Engineer's comments and
recommendations of October 12, 1977. The $1,000 per phase park
development will be clarified at the time of the development
contract. Motion seconded by Councilman Neveaux. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz,
and Geving. No negative votes. Motion carried.
ROBERT SOMMER SUBDIVISION: Mr. Sommer was present requesting
approval to divide Lot C, Bardwell Acres into two lots by a metes
and bounds description. The question of sanitary sewer capacity
has not been resolved at this time. The City Attorney stated that
the question of the right to use the sewer line needs to be
clarified.
Councilman Neveaux moved to table action until further documentation
is presented. Motion seconded by Councilman Geving. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving,
and Waritz. No negative votes. Motion carried.
MINNEWASHTA REGIONAL PARK - CONDITIONAL USE PEill1IT: Pat Murphy
was present to discuss proposed revisions to the conditional use
permit. The following changes were agreed to:
Section 2.0l. Master Plan. In reliance on action taken by the
Physical Development Committee of the Metropolitan Council of the
Twin Cities incorporating park areas C and D in the Master Plan of
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Council Meeting November 21, 1977
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the Lake Minnewashta Regional park, it is recognized by the parties
hereto that the acquisition and development by the county of land
parcels C and D are required for utilization as nature demonstration
and study area.
Section 4.04. Rephrase to read after Land Stewardship Program:
The land stewardship program will consist principally of gradually
phasing from cultivated land to turf establishment on Parcel E,
establishing a tree nursery, beginning prairie establishment on a
portion of Parcel B, providing necessary access control in terms of
gate and fencing, controlling noxious weeds and to the extent feasible
controlling dutch elm disease.
Section 5.01. Add to the end of the current narrative: The Advisory
Committee will be established at such time as Carver County begins
preparation of detailed development plans or at the request of the
City of Chanhassen prior to that time.
Section 6.04. Lake Access. Change the horsepower from 10 to 15.
Section 7.02. Revise last phrase and add: at the reasonable and
customary then prevailing city rates for comparable uses. These
connection fees will not be based on a price structure which assumes a
211 dwelling unit development but rather will be based on a comparison
of volumes generated by similar residential, commercial or institutional
uses.
Section 7.03. Replace with: The County shall provide, consistent
with applicable Metro Council policies and the grant contract for
acquisition of the Lake Minnewashta Regional Park between the County
and Metro Council, at no cost to the City such linear water and sewer
easements as the City may deem necessary to provide water and sanitary
sewer services to the park andpcontiguous area. Said easement alignment
shall not be so located as to materially affect the character of the
park.
Section 8.02. Tax Equivalents. In the event the Metropolitan Council
of the Twin Cities fails or declines to pay to the City: tax equivalents
under M.S. #473.341, it is agreed that said tax equivalents shall be
paid by the County to the City upon demand.
Section 8.03. City Costs. The County agrees to reimburse the City
promptly upon invoicing therefor all reasonable and customary costs
incurred by the City since the inception of the park concept through
the conditional use permit. Eligible costs shall be publication and
notification expenses, attorney fees, engineering fees, costs in connection
with the November 2, 1977, public hearing, and any other reasonable
outside direct costs to the City.
Section 9.01. Indemnification. Add the following: The County does
not agree to indemnify, hold harmless and defend any action or judgement
based on the acts of officials , employees or agents of the City while
in the Park.
Councilman Neveaux moved to approve the conditional use permit as
amended. Motion seconded by Councilman Waritz. The following voted in
favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving.
No negative votes. Motion carried.
AREA VARIANCE, FRANK BOYCE, 3711 SOUTH CEDAR DRIVE: Mrs. Boyce was
present requesting variance approval to increase the height of the
existing house at 3711 South Cedar Drive by 4 feet 6 inches. The
Board of Adjustments and Appeals held a public hearing at the site
and recommended the council grant the variance.
Council Meeting November 21, 1977
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Councilman Neveaux moved to approve the recommendation of the Board
of Adjustments and Appeals to grant the variance to Frank Boyce.
Motion seconded by Councilman Geving based on the November 14, 1977, I
Planning recommendations. The following voted in favor: Mayor
Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative
votes. Motion carried.
SIDE YARD SETBACK VARIANCE, DICK MINGO, 7601 GREAT PLAINS BLVD.
The Mingo's are proposing to construct an addition to an existing
garage. A variance of two feet is requested. The Board of Adjustments
and Appeals held a public hearing and recommended the council grant
the variance.
Councilman Pearson moved to grant a two foot side yard variance to
Dick Mingo. Motion seconded by Councilman Geving. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz,
and Geving. No negative votes. Motion carried.
SIDE YARD VARIANCE, STEVEN MURPHY, 195 PLEASANT VIEW ROAD: Mr.
Murphy was present requesting variance approval to construct additions
to the existing garage and house by extending along the alignment of
the present side yard setbacks of three feet for the house and two
feet for the garage. The Board of Adjustments and Appeals held a
public hearing and recommended approval subject to the following
conditions and reasons:
a.) That the proposed construction follow the present setback of
the house and garage. I
b.) That the drainageway be kept open naturally or through the
installation of a culvert.
c.) That the subject property substantially exceeds the minimum
lot size requirements.
d.) That the proposed construction is considered a definite
improvement to the neighborhood.
Councilman Neveaux moved that the council allow the side yard setback
variances as requested by Steven Murphy for the garage addition and
the house addition at 195 Pleasant View Road subject to conditions
a through d of the Board of Adjustments and Appeals recommendation
of November 8, 1977. Motion seconded by Councilman Geving. The
following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,
Geving, and Waritz. No negative votes. Motion carried.
Items 16, I?, 18, and 19 on the agenda were tabled until November 28,
1977.
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 11:45 p.m.
Don Ashworth
City Manager
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