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1975 07 07 I I I REGUL~R CHANHASSEN CITY COUNCIL MEETING JULY 7, 1975 Mayor Klingelhutz called the regular Council meeting to order at 8:00 p.m. with the following members present: Councilmen Neveaux, Shulstad, and Kurvers. Councilman Hobbs came late. The meeting was opened with the Pledge to the Flag. MINUTES: A motion was made by Councilman Shulstad and seconded by Councilman Neveaux to approve the public hearing minutes on Carver Beach Sanitary Sewer and Water of June 12, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, and Shulstad. Councilman Kurvers abstained. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to approve the special Council minutes of June 23, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Shulstad and seconded by Councilman Kurvers to note the June 11, 1975, Planning Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaix, Shulstad, and Kurvers. No negative votes. Motion carried. A motion Shulstad minutes. Neveaux, was made by Councilman Kurvers and seconæd by Councilman to note the June II, 1975, Planning Commission Public Hearing The following voted in favor: Mayor Klingelhutz, Councilmen Shulstad, and Kurvers. No negative votes. Motion carried. The Planning Commission is advised to correct their minutes of June II, 1975, to reflect what is required by Ordinance 28. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to note the June 25, 1975, Planning Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion Shulstad minutes. Neveaux, was made by Councilman Neveaux and seconded by Councilman to note the June 17, 1975, Park and Recreation Commission The following voted in favor: Mayor Klingelhutz, Councilmen Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Kurvers and seronded by Councilman Neveaux to note the June 19, 1975, Lake Study Committee minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. It is the feeling of the Council that the Lake Study Committee should make recommendations to the Park and Recreation Commission and the Park and Recreation Commission report to the Council. Their minutes should be forwarded through the Park and Recreation Commission. The Lake Study Committee has requested. the City Attorney find out who owns the access next to Leach's Resort on Lake Minnewashta. A motion was made by Councilman Shulstad and seconded by Councilman Neveaux that the City Attorney be authorized to investigate the ownership of the land in question on Lake Minnewashta as identified by the Lake Study Committee. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Regular City Council Meeting July 7, 1975 -2- Councilman Neveaux stated that perhaps the Council should go back to the minutes last summer or fall where the Council authorized the formation of this committee and to review with the Committee people the charge they were given when they were organized as to what their I duties should be and what kinds of information and reports that they were looking for. It was more of a long term projected approach to tRe lake problems of the City; overall lake use, water surface use, what lakes we should look at as being accessible lakes and if we determined that they are accessible lakes where these accesses should be and to what extent they should be developed and how we are going to fit that kind of improvement into the overall City Budget. This is what I would like to talk to the Lake Study Committee about. PROPOSED 75-2 PROJECT: The Administrator has looked into the Farmers Home Administration to find out if funds are available and found they have not done this type of thing in a suburban area recently but would review an application. The HUD Office in MinÅ“apolis is rejecting all applications for mortgages where neither sewer or water are available. If one utility is available they will review an application. Mayor Klingelhutz asked how much of a problem would it be to include Greenwood Shores in a project like this? Bill Schoell stated that because we had to provide trunk capacity for Greenwood Shores in this project we did make some study of the area. It would be no problem to include the area in this project. RESOLUTION # 7 5-12: Councilman Hobbs. ; moved the adoption of a resolution authorizing Carver Beach Sanitary Sewer and Water Imp~ovementProject 75-2. Resolution seconded by Councilman Kurvers. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. I RESOLUTION #75-13: Councilman Shulstad moved the adoption of a resolution authorizing a public hearing August 20, 1975, at 7:30 p.m. in the ,; Chanhassen Elementary School to consider the outfall for the Carver Beach Sanitary Sewer from Sunrise Hills Lift Station along the shoreline of Lotus Lake or alternatives #1 and #2 along Frontier Trail as proposed by the City Engineer dated June 20, 1975. Resolution seconded by Councilman Hobbs. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. CARVER BEACH ACCESS TO LOTUS LAKE: Mr. Duane Shodeen, DNR Regional Fisheries Manager and Ron Harnak, Division of Waters were present. About three weeks ago the posts were pulled out and the chain taken down on the Carver Beach access. Mr. Shodeen stated that by law they cannot stock or restock fish in a lake that does not have free access and use. The access on Lotus Lake being restricted during the summer months in one form still constitutes a public access but in terms of my priority on fish management its I going to receive such a low priority that for all practical purposes it will receive no fish management. The lake is somewhat unique it is a headwater lake and that does lend itself to some potential fish management practices that don't apply to obher bodies of water. The lake is a public body of water every citizen of this community and the state has equal rights to use the surfaces of Lotus Lake. We have plans to install a fish barrier on the downstream outlet which will not be done. I I I ! I Regular City Council Meeting July 7, 1975 -3- Ron Harnak stated the problems of public accesses is the availability öf land upon which to purchase and construct an access. The money is there to bÜild it and buy it but first you have tö find somebody willing to sell the land. He recommended water surface zoning. TheDNR will construct the access· and try to workout some type of garbage pickup or maintenance arrangement with the local unit of government. The City Planner asked if the DNR was to go in on a joint project with the City to construct a new access to Lotus Lake would the DNR help the City to size the access so that it would properly serve the surface uses of the lake and what are the locational criteria for a boat access and what is the appropriate size? Ron Harnak - When sites are purchased we generally look for a five acre site not that the entire five acres is developed into a parking area. Less areas can be considered. We tend to think it would be better to come off a major arterial street. Duane Shodeen - The five acres does not all have to be developed as a parking lot. It would be the best long term solution to zone the surface use of lakes in the City. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to direct the Sheriff to patrol the Carver Beach access every two hours and issue parking tickets when necessary an d also request as much water patrol from the Carver County Sheriff as possible on Lotus Lake. The Council requests a report from the Police Department on the feasibility of "No Parking" signs on Iroquois and an opinion on "No Parking Tow Away Zone" signs. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers.No negative votes. Motion carried. PROJECT 74-lA: Mr. Charles Towle and Leslie Renner were present. Craig Mertz, Assistant City Attorney, stated the City Attorney has written to the Attorney General asking what kind of vote by the City Council was necessary to authorize this project a 3/4 vote or 4%5 vote. Minnesota Statutes provide that if the improvement is petitioned for by owners of not less than 35% of the frontage abutting on streets named in the petition a simple 3/5 vote is necessary. The Attorney General has ruled that 35% of the owners abutting on the street have signed the petition. Leslie Renner - I am in favor of this additional taxation on it in order to get this project off the ground. Mr. Towle - I would like to ask that the Council approve the resolution subject to· the lawsuit being dropped by Mr. Ward. RESOLUTION #75-14: Councilman Neveaux moved the adoption of a resolution authorizing Storm Sewer and Street Imp~ovement Project 74-lA. Resolution seconded by Councilman Shulstad. The following voted in favor: Mayor Klingelhutz ,Councilmen Neveaux, and Shulstad·. Councilman Hobbs voted no. Councilman Kurvers abstained. Motion carried. , HANSEN AND KLINGELHUTZ PRELIMINARY PRD: Doug Hansen, Tom Klingelhutz, and Jim Hawks were present. This property on Laredo Drive was previously approv·ed for 34townhbuses. They now propose 21 single fàmily homes on the five acre piece. There are no driveways ontò Laredo Drive. There are six double frontage lots which will be screened along Laredo Drive Regular City Council Meeting July 7, 1975 -4- by using fencing, berms, and plantings. Drainage is from the southwest to northeast. The net density is four units per acre. The lots range in size from 6,600 square feet to 15,000 square feet. A particular hOUSI design has been indicated for each lot with the understanding that that particular house or one of the same dimensions will be on each lot. The plans are structures so there are facilities for a double attached garage for each home. The houses will range in price from $35,000 to $55,000 totally built. Bill Schoell - The drainage they have within the subdivision is entirely adequate. The problem is in Lot 12 downstream from Frontier Trail. I don't fully agree with the 45 foot radius in the cul-de-sac. It gives you a five foot boulevard. I would rather have a 50 foot radius on the cul-de-sac and the Council allow the developer to reduce the front yard setback by five feet. Bruce pankonin - The Planning Commission held a public hearing June 11 to consider this proposed PRD and recommended approval with condition~. Russell Larson - I note that one of the techniques of development was to provide for deferral of rear sodding. I question whether or not this will land itself to an erosion or runoff possibility. An alternative might be that black dirt be put back on those rear lots and that rye grass be seeded to hold the soil until the landowner can finish it. In the presentation they petitioned for public improvements by special assessment. The Council should consider this. This would be part of the development contract. The park land has been dedicated. The deed will be sent to the City I Attorney. A motion was made by Councilman Shulstad and seconded by Councilman Kurvers to approve the preliminary plat subject to preparation and approval of a development contract and the financing for public improvements and subject to the recommendations of the Planning Commission as set forth in the City Planner's report of July 1, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. PRELIMINARY PLAT TROLLS-GLEN: Mrs. Peterjohn and Dan Herbst were present. Dan Herbst gave the presentation. They are asking preliminary approval for eleven lots on 5~ acres and two outlots. The outlots will be controlled by a homeowners association. Mrs. peterjohn will continue to negotiate with Mr. penke for a road to Minnewashta Parkway. The City Attorney has reviewed the covenants and restrictions and by- laws and generally find them acceptable. The contract would have to be entered into by Mr. and Mrs. Bunger because they are contract vendors of the property. The City Planner stated the Planning Commission held the public hearing for rezoning and preliminary plat. The Council has acted on the I rezoning. All requirements of the Planning Commission have been met. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to approve the preliminary plat subject to the preparation and approval of a development contract for Trolls-Glen First Addition. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. Councilman Shulstad voted no. Motion carried. I I I Regular City Council Meeting July 7, 1975 -5- GARY CARLSON PETITION FOR CITY WATER: Mr. Carlson has petitioned the City to extend water to his new home in Schmid's Acres. Mr. Carlson will carry the whole burden of the assessment. The City Engineer recommended that watermain be extended up to 50 feet north of the southeast corner of his property and suggested that if Mr. Carlson pay the whole cost that the excess be given him as a credit on his sewer assessment on the property he owns on the east side of the cartway. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve Gary Carlson's petition to extend City Water to his property as setforth in Schoell and Madson's letter of July 3, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to adjourn. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Meeting adjourned at 1:10 a.m. Barry B::i-?f~/j7.rYk,,4 Clerk-Administrator