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1976 12 06 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING DECEMBER 6, 1976 Mayor Klingelhutz called the meeting to order at 7:30 p.m. with the following members present: Councilmen Hobbs and Waritz. Councilman Kurvers was absent. Councilman Neveaux came at 7:40 p.m. The meeting was opened with the Pledge to the Flag. . . MINUTES: A motion was made by Councilman Hobbs and seconded by Councilman Waritz to approve the November 10, 1976, Council minutes. The following voted in favor: Mayor Klingelhutz, CounGilmen Hobbs and Waritz. No negative votes. Motion carried. A motion was made by Councilman Waritz and seconded by Councilman Hobbs to approve the November 15, 1976, -Regular Council minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Waritz. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Cbuncilman Waritz to approve the continuation of the November 15, 1976, council meeting on November 22, 1976, minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Waritz. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Waritz to note the minutes of ~h~ JQint Planning Commission and Council meeting of November 30, 1976. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Waritz. No negative votes. Motion carried. A motion was made by Councilman Hobbs and secQnd.ed by Councilman Waritz to note the November 29., 1976, Bicentennial Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Waritz. No negative votes. Motion carried. A motion was made by Councilman Waritz and seconded by Councilman Hobbs to note the November 10, 1976, Planning Commission minutes. The following voted in favor:.' Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Waritz. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by CouncilmanWaritz to note the Olmsted Replatting and Zoning Ordinance Amendment Planning commission, Public Bearings of November 10, 1976. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Waritz. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Waritz to note the November 16, 1976, Park and Recreation Commiqsion minutes. .The following voted in favor: Mayor Klingelhutz, Councilmen Hobps, Neveaux, and Waritz. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to note the November 18, 1976, Ecological Committee minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Waritz. No negative votes. Motion carried. APPROVAL OF AGENDA: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the agenda as presented with the addition of Old Village Hall Electrical Bids and Discussion on the Police Contract. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Waritz. No negative votes. Motion carried. -2- December 6, 1976 PUBLIC HEARING FILL PERMIT REQUEST - JOHN FARRELL DECEMBER 6, 1976, AT 7:45 P.M. Mayor Klingelhutz called the public hearing to order. The following I persons were present: Merrill Steller, 1931 Crestview Drive Henry Tuelson, Box 414, Mound Edgar Luedtke,· 1800 West 67th Street Richard Pearson, 7307 Frontier Trail R. P. Brozovich, 6609 Horseshoe Curve Harry Pauly, Chanhassen Mr. and Mrs. WillJohn~on, 1660 West 63rd Street Michael H. Olund, 1511 Lake Lucy Road Warren E. Phillips, 1571 Lake Lucy Road John C. Farrell, Excelsior Craig Mertz Bill Brezinsky Bill Schoell The City Manager gave a report. Staff recommended approval with the following conditions: 1. All fill shall be placed in accordance with the profiles and cross-sections submitted by the applicant. 2. Culverts as proposed by the applicant shall be installed in accordance with the application and as specified by the City Engineer; further, such culverts shall be maintaineð by the applicant. 3. Seed and mulch or sod shall be completed on the side slopes within time limits as required by the Engineer. I 4. The City shall be notified within 48 hours prior tò commencement of construction. Construction techniques shall be approved by the City Engineer. 5. The Department of Natural Resources shall approve the proposed pro] ec"t. . . 6. Escrow monies deposited by the applicant shall be kept by the City to insure compliance with the conditions herein stated until the project has been completed and approved by the City Engineer; at which time remaining funds shall be returned to the applicant. 7. The owner and applicant agrees to the above conditions in writing. The properti is located adjacent to Lake Lucy with a 33 foot strip of land connecting the parcel to Lake Luch Road. Mr. Farrell wants to build a home on the property. A letter was received from Jim Mielke stating his concern about the dralnage and possible flooding of his property. He suggested a culvert be placed about 150 feet south of Lake Lucy Road. Mr. ~arrell does show in his plans a culvert in that location. The Engineer feels generally that the drainage, location of the culverts, capacity of the culverts will be adequate and recommended the fill application be subject to engineer approval of the installation, location and size, and grade of all drainage structures on ~he proper~y. Warren Phillips - I have the property just to the east of the road right-of-way. Mr. Farrell and I have discussed this a number of times. I really have no objection to a road going in and fill going in. I should I Mr. Farrell stated he could live with all the conditions setforth. I I I Public Hearing -3- December 6, 1976 attention that my prop~rty just south of Lake Lucy. Road is low as is Mr. Mielke's. That property is drained. There is a drainage tile there. I am sorry I don't know where it's located. We know where it comes out at the lake. It goes under the right-óf- way to the west and then south to the lake. I would also be concerned that that drainage tile be maintained and not damaged because in years when we have heavy rains in the spring that tile döes flow a good volume of water draining that area. That is a concern we have. It would seem desirable if the road could be straightened and run along the section line it would be an improvement of a permanent nature. Merrill Steller - I am personal representative for my father, Roy Steller, who passed away and we own the property west of the right-of":'way. Is this going to be about level with Lake Lucy Road all the way in? John Farrell - It's going to varying levels of fill anywhere from seven feet to as low as three feet. I want to make it more accessible to vehicles. Merrill Steller - You are not going to be excavating. If that isn't interrupted at all I don't have any objection to the fill. Bill Brezinsky - I suggest that we try to locate the drain tile. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to close the public hearing. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Waritz. No negative votes. Hearing closed at 7:55 p.m. Don Ashworth City Manager REGULAR CHANHASSEN CITY COUNCIL MEETING DECEMBER 6, 1976 FILL PERMIT REQUEST - JOHN FARRELL: The Council felt the following condition should be added to the fill permit: An effort be made to locate the drain tile so that it would not be damaged in any way. A motion was made by Counéilmah" Neveaux and seconded by Councilman Waritz to approve the Fill Permit request for John Farrell according to the reêömme:ndations··ag~·.setfOrth by the City Manager in' his letter of December 6, 1976, as amended this evening. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Waritz. No negative votes. Motion carried. PAULY/KOLTYK PARKING LOT: Harry Pauly and Ann Koltyk were present. Staff feels that public control of the project is required and recommended a public hearing be set on January 10, 1977, to consider the parking lot development plan as prepared by the city and presented on November 1, 1976. Harry Pauly stated he had to problems with the.lavout of the plan. He does not agree with the cost figures for leasing' the parking lot from the city. He would rather purchase the property. City Council Meeting December 6, 1976 -4- Amotion was made by Councilman Waritz and seconded by Councilman Neveaux to direct staff to meet with Harry Pauly and Ann Koltyk to negotiate the terms of the lease as setforth in items 3a and 3b of the staff report of November 1, 1976, and report back to the Council I by December 20, 1976. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Waritz. No negative votes. Motion carried~ DRAINAGE IMPROVEMENT REQUEST - OLSON: Mr. and Mrs. Al Olson were present. The Engineer recommended a swale be constructed between Lots 14 and 15, Block 1, Greenwood Shores to handle the drainage problem. The estimated cost would be $1,200. This could be a public improvement project or be done by agreement with the neighbors. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to table action on this until staff meets with the parties involved and reports back to the Council. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Waritz. No negative votes. Motion carried. EAST LOTUS LAKE - EASEMENT ACQUISITION: The Danielsons and were present. Due to the cost of the easements the Council an alternate sewer route and the use of three house pumps. recommended the alternate route using house pumps. Brozovichs is considering Staff Mr. Brozovich stated he would be willing to drop his easement acquisition cost by $1,000. A motion was made by Councilman Hobbs and seconded by Councilman I Neveaux that the Council will not,as a part of the Lotus Lake Sewer project,consider the vacation of any part of Baldur Avenue or Horseshoe Curve as setforth in the initial Danielson easement demand. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Waritz. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to authorize Russell Larson to negotiate further on these easements and bring back a final proposal by December 20, 1976. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Waritz. No negative votes. Motion carried. ECKLUND AND SWEDLUND PRD: Len Swedlund and Ric Sathre were present. Staff recommended approval of Plan G conditioned upon the developer securing necessary permits to cross Purgatory Creek from the Watershed District and approval from the DNR to dredge out the lagoon. In addition, staff feels the lots on the hill should be closed and only sufficient room for a pedestrian trail be in there. The trail should be defined. The bridge and trail cross-section be coupled with the dredging of the lagoon if approved by DNR. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs that the Council accept Sketch Plan G as modified this evening by the City Planner to coincide with his report of December 3, 1976, and that the approval of the plat not be necessarily subject to lagoon dredging approval by the DNR. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Waritz. No negative votes. Motion carried. I I I I -5- City Council Meeting December 6, 1976 DEMOLITION PERMIT -SCHROEDER HOUSE: A motion was made by Councilman Hobbs and seconded by Councilman Neveaux that this item be indefinitely tabled. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Waritz. No negative votes. Motion carried. TEMPORARY CONSTRUCTION EASEMENT - JOHN ENOCHSON: RESOLUTION #76-94: Councilman Neveaux moved the adoption of a resolution entitled Vacation of the Enochson Easement Number 18, Project 9058-C. Councilman Hobbs seconded the resolution. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Waritz. No negative votes. Motion carried. LOT SUBDIVISION - WARD OLMSTED: Mr. and Mrs. Tom Wright, Mr. and Mrs. Charles Erickson, and Mr. and Mrs. Ward Olmsted were present. The Olmsteds are requesting permission to subdivide approximately 92,225 square feet into two residential lots. The property is lÅ“ated on the north shore of Lake Minnewashta just west of Minnewashta Heights and is zoned R-l. The two proposed lots meet or exceed the minimum standards of the ordinance plus the Shoreland Management Act. The property is land locked and the re-subdivision will create two lots without frontage on a public street. The Subdivision Ordinance requires all new lots must front on a public street. The Council maý grant a variance if they find that by: a. Reason of topography or other physical conditions strict compliance with the requirements of the Subdivision Ordinance could cause an exceptional and undue hardship to the enjoyment of a substantial property right; b. Provided, however, the variance does not adversely affect the comprehensive plan; and c. Provided the variance does not adversely affect the spirit and intent of the Subdivision Ordinance. The Planning Commission held a public hearing on November 10, 1976, and recommended approval of a variance. Staff supported the Planning Commission recommendation. Mr. Wright and Mr. Erickson voiced their objections to the proposed subdivision. A motion was made by Councilman Waritz and seconded by Councilman Hobbs to table action on this until the second meeting in January. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Waritz. No negative votes. Motion carried. EAST LOTUS LAKE - SANITARY SEWER ALTERNATE CONNECTIONS: A motion was made by Councilman Hobbs and seconded by Councilman Waritz to table action until next Monday evening December 13, 1976. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Waritz. No negative votes. Motion carried. PLANNING COMMISSION REPRESENTATIVES: A motion was made by Councilman Neveaux and seconded QV Councilman Hobbs to accept the recommendations of the PlanningC¢~ission to appoint Dick Dutcher to the Ecological Committee and Roman RODS to the Board of Adjustments and Appeals. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Waritz. No negative votes. Motion carried. City Council Meeting December 6, 1976 -6- OLD VILLAGE HALL ELECTRICAL BIDS: The Bicentennial Commission has taken bids on the electrical. The following bids were received: Rome Electric - $1,180.00 Robb Electric - $1,382.00 Frontier Electric - $1,300.00 A motion was made by Councilman Neveaux and seconded by Councilman Waritz to accept the low bid of Rome Electric in the amount of $1,180.00. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Waritz. No negative votes. Motion carried. COMMUNITY FACILITIES INTERIM COMMITTEE: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to direct the City Manager to seek nominations of members to the Community Facilities study Group from the appropriate commissions. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Waritz. No negative votes. Motion carried. 1977 POLICE CONTRACT: Councilman Hobbs at the request of Commissioner Holtmeier discussed the county policing and budget. Action will be taken next Monday evening December 13, 1976. A motion was made by Councilman Hobbs and seconded Neveaux to adjourn. The following voted in favor: Klingelhutz, Councilmen Hobbs, Neveaux, and Waritz. votes. Meeting adjourned at 12:30 a.m. by Councilman Mayor No negative Don Ashworth City Manager I I I