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78-22 Oakmont SUB pt 1Plaiming Commissic- Meeting September 27, 197¢ -4- -79 7-2 PUBLIC HEARING PROPOSED SUBDIVISION, REZONING AND PRELIMINARY DEVELOPMENT PLAN COLONIAL GROVE SECOND ADDITION . . Roman Roos called the hearing to order. Herb Bloomberg was present. The Assistant City Planner read the. official_ notice as. published in the Carver County Herald._, The Assistant. City Planner recommended that. the. Planning Commission look favorably, on -the proposal and recommend that the Council approve the preliminary development plan. .Council review. should. be conditioned upon the applicants submission of a satisfactory document governing the management and control of the outlot to the City Attorney's office. Roman Roos - Do you have.the covenants and restrictions already drawn up? Herb Bloomberg - They were drawn up by Cliff Whitehill who is a .resident in the neighborhood. 1 would be happy to _get a copy for the City Attorney. Roman Roos - I would like to have you state the use of the common outlot. Herb Bloomberg - Anyone in the adjoining subdivisions has the privilege of joining it. It is operated under by-laws set up by the charter and filed with the appropriate state authorities. We, personally, have the interest only in that we are a resident and will have a membership just the same as our neighbor. We deed it to this organization which ownes the property. That organization. will pay for all the improvements, etc. Hud Hollenback_ moved to close the public hearing. Motion seconded by Walter Thompson and unanimously approved. PROPOSED SUBDIVISION, REZONING, AND PRELIMINARY DEVELOPMENT PLAN - COLONIAL GROVE: The Engineer stated that.the_plan is in accordance with their recommendations as to. the pondi.ng.. It is more than adequate to accommodate a 100 year flood. The plan should be submitted to the Riley Purgatory Creek Watershed District for their approval and comments. Walter Thompson moved to recommend the Council.., rezone the proposed Colonial Grove Second Addition from.R-1 to P-1. Motion seconded by Dick Matthews and unanimously approved. Jerry Neher moved to recommend the Council approve the preliminary plat of Colonial Grove Second Addition, Exhibit A, dated September 27, 1978, as shown. Motion seconded by Walter Thompson and unanimously approved. Dick Matthews moved that there will be.no alteration or structures on the outlot without a conditional use permit. Mr. Bloomberg will prepare and submit covenants and restrictions for.the use of the outlot. Motion seconded by Hud Hollenback and, unanimously approved. The Assistant City Planner will review the file with the City Engineer(._ to determine the amount of escrow deposit required of Mr. Bloomberg. OAKMONT - SKETCH PLAN: The applicant is proposing to subdivide approximately 194 acres into 30 2.5 acre lots. The property is Planning Commissi,c�Meeting September 27, 19�" -5- located on'the east side of Galpin Blvd. between Lakes Ann and Lucy and is'zoned R-1A. Sewe'r'is not available to the property. City water -is available. The Council reviewed a proposal for the property in '1970 and rezoned it to P-2. A preliminary development plan was approved subject to sanitary sewer. The Assistant City Planner recommended that the Planning Commission accept the plans submitted for.sketch plan review and that the Planning Commission advise the applicantthat no further review of this proposal can be considered until either a change in the status of sewer availability on this property occurs or a change in the city's unsewered area policy occurs. Before any variance to the ordinances can be considered, the applicant or -the Planning Commission must request that the Council waive Resolution 911721 which prohibits review of any proposals beyond the sketch plan phase in the unsewered areas. Mr. Elliot - I just received this report (Planner's report) this evening. We.have had a couple of meetings with staff and I`am not aware of Resolution 911721. In any'case Ordinance 45, 2.01 stipulates no development in the unsewered areas and I'would like clarification of 2.02 which stipulates that in the unsewered areas I can plat up to a density of one unit for every 2.5 acres. I don't -understand why it's in conflict. Bob Waibel - Our last discussion'was at least a month ago. Since then I have_had the opportunity to work on another proposal in the it to this unsewered area as referred resolution passed in 1972 which I had used after our discussion in another case. It applies to planned"unit developments and in a way I guess the resolution is more restrictive. It maybe supercedent to this ordinance. Craig Mertz - Ordinance 45. does say that as to unplatted unsewered properties that a developer is allowed to go ahead with 2Z acre lots. and that provision was enacted in March of 1971 so there is no problem with'Ordinance 45. However, the following autumn the Council said that they did not want to entertain preliminary development plans unless the area was sewered. So if you want to proceed with this application the appropriate thing would be to recommend to the Council that this resolution be rescinded as to this particular property and thereby allow the developers to have the public hearing on their preliminary development plan. Mr. Elliot - What about five acre lots, metes and bounds? How do you control those? Craig Mertz - It is correct that. State Law says that if you divide a piece of'property up into five acre lots, at least 300 feet in.width, that those deeds"can be recorded down at the court house and there is nothing that the city can do about it short .of "not issuing "a building permit.. If you want to proceed with this a motion would be to M direct -Bob to schedule a public hearing on this matter subject, however, Bob's obtaining from the-Council.a resolution rescinding this particular" resolution-911721 as to this particular property. Mr. Elliot - We ask that you table or continue the sketch plan review until you hear from the Council regarding 911721. Planning Commissi.o-",Meeting September 27, 197P—, -6- That would give us an opportunity to go to Council and. "talk to them about the proposal and what we are trying to 'do and,get an idea as to whether it would fly. Members were polled as to their feelings, on recommending the Council rescind the resolution. Dick Matthews - With the lakes there it should have sewer.. Tim Stone - I think there are a variety of other planning considerations besides the financial base of the city that come into play here and I have to''swing with Dick,I feel uncomfortable concerning this project. Jerry Neher '.I would like to see it postponed until such time as the sewer is imminent. Hud Hollenback - I agree. Walter Thompson - I'll agree --- Roman Roos It is pretty much unanimous on the resolution. We would postpone.:.anTffurther action until there is some status of'the sewer. That would be the recommendation. of the Planning Commission to the Council.. Bob Waibel - In all fairness to the developers, that 911721 applies only to'planned unit developments. There is a possible -alternative route where they ask for rezoning to a subdivision classification. In other words they drop below the 24 lot minimum threshold for the planned unit development: That would involve- another rezoning in the'unsewered area. SKETCH PLAN - RICHARD ERSBO: Mr. Ersbo is proposing to subdivide approximately 1.5 acres into four lots. The property is located on the .south. side of,Lake'Lucy Road and is zoned R-lA. All of the lots shown are deficient in lot area. Bill Brezinsky - He has shown a 60 foot right-of-way coming. into the property., That can be reduced to 50 feet. Although the Subdivision Ordinance does require a 60 foot right-of-way radius for the cul-de-sac, this is such a short cul-de-sac that we would recommend that a variance be given to reduce that to a 50 foot radius. The lots are under 15,000.square feet. We feel with this reduction in the width of the right-of-way and by shifting the -lot lines between Lots 1 and 2,and 3 and 4 to the south he will be able to pick up four lots that`have 15,000 square feet in area. As far as the status of Lake Lucy Road, our indications are that the most right-of-way that will be needed in the future is 80 feet . --Right now there is 66 feet. We would recommend that they dedicate a seven foot right -of -tray easement on the north side of Lots 1 and 4. ' Hud Hollenback-movedto hold a public-hearing`on October 25, 1978, to. consider the Ersbo subdivision request. Motion seconded by Tim Stone -and unanimously approved. CITY'OF CHANHASSEN 7610 LAREDO DRIVEOP 0 BOX 1476CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: September 25, 1978 TO: Planning Commission, Staff and John Elliot, c/o Partnership Investments, Inc., Suite 2044, 7900 Xerxes Ave. South, Bloomington, MN 55431 FROM: Assistant City Planner, Bob Waibel SUBJ.: Oakmont Redesign APPLICANT: John Elliot PLJNNNTNG CASE: P-523 7) in+' i" i- i"ri n Mr, Elliot is proposing to subdiv deoapproximately 194 acres into 30 2.5 acre lots. Background 1. Community Location: As shown in enclosure 1, the subject property is located on the east side of Galpin Blvd. between Lake Lucy and Lake Ann. 2. Existing Zoning: The subject property is presently zoned P-2, planned unit development. The lands adjoining the subject property are presently zoned R-lA, agricultural residence district. 3. Utilities: Sanitary sewer is presently unavailable to the subject property. Municipal water is available to the subject property. 4. Comprehensive Plan Proposal: a. Land Use: Pursuant to the adopted city comprehensive guide plan, the subject property is to assume a low density single f-ainily residential identity. The guide plan map indicates an elementary school located in the southeast portion of the subject property. b. Transportation: Pursuant to the adopted transportation plan, Ca.l,p :n Road is to function as a secondary highway. Planning Commission_ -2- September 25, 1978 Planner's Comments 1. This particular property, was under city council, review as the Oakmont proposal in 1970, and it was during that period of review, that the subject property was rezoned to P-2. From the records avail- able, it appears that also a preliminary development plan was approved for the subject property of considerable density. However, no development was to occur until sanitary sewer services were available. In reviewing this particular proposal, it appears that the city ought to have carried out section 14.07 subsection 2 of zoning ordinance 47 wherein the council instructed the planning commission to divert zoning to the original zoning district, should development not occur within a reasonable time after approval of development plans. 2. As you well know, this proposal is inconsistent with ordinance 45 which sets city policy for development in unsewered areas. Planner's Recommendation I recommend that the planning commission accept the plans submitted for sketch plan review purposes. I also recommend that the planning commission advise the applicant that no further review of this proposal can be considered until either a change in the status of sewer availability on this property occurs or a change in the city of Chanhassen's unsewered area policy occurs. Before any variance to the ordinances of the city can be considered for this request, the applicant or the planning commission must request that the city council waive resolution 911721 which prohibits review of any proposals beyond the sketch plan phase in the unsewered areas. Council Meeting. Oc'-ober 16, 1978 -2- and Regulations and their overall plan were given to each councilman and staff: NORTHERN CABLEVISION, INC: Mr. Stephen Swimmer was present to iscuss a notice of intent to propose to the Minnesota Cable Communications Board, a cable service territory that involves.Eden Prairie, Bloomington, Richfield, St. Louis Park, Hopkins, Minnetonka, and Edina. Staff recommended the Council take no action at this time so that staff can gather feedback from municipalities directly involved. BILLS: Councilman Pearson moved to approve the October 16, 1978, 51 s as presented.. Motion seconded.by Councilman Geving. The following voted in-favor::'Mayor Hobbs, Councilman Pearson, Neveaux, and Geving. -No negative votes. Motion carried.. LAKE RILEY SANITARY -SEWER EXTENSION: The city has received a request to extend sewer south of Shore Acres to serve a.new home being built at 9251 Kiowa Trail. Ted Dockendorf, Mr. and Mrs. Peter Pemrick, and Barry Bershow were present. RESOLUTION #78-62: Councilman Pearson moved -the adoption of a resolution to hold a public hearing on -November 6, 1978, at 7:00 p.m. to consider the extension of sanitary sewer to serve the four lots between Shore Acres and Bandimere Heights or to extend sanitary sewer to also serve Bandimere Heights. Resolution seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. METRO CLEAN AIR COMMITTEE: Marge Christensen was present to discuss developments under the new Clean Air Act. Councilman Pearson was appointed as liaison from the Chanhassen City Council to the Metro Clean Aid Committee. OAKMONT REDESIGN, RESOLUTION 911721: No representatives were present. The developer is proposing to subdivide the property located on the west sides of Lakes Ann and Lucy into 26 22 acre lots. Resolution 911721 prohibits the Planning Commission from consdex�ingdevelopments beyond the sketch plan stage in areas not served with sanitary sewer. The Assistant City Planner feels -that -.this request is premature with. respect to the anticipated city policy towards development and growth in the unsewered-area and also beyond the spirit and intent of the city ordinances and planning practices and recommended that the council uphold Resolution 911721. Councilman Geving moved to accept the Assistant City Planner's recommendation. Motion seconded by Councilman Pearson. The following voted in favor:. Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. The Council requested that the City Planner and City Attorney review ''- existing zoning in the city for Planning Commission review and recommendation to the City Council.' CONDITIONAL USE PERMIT - BRAMBILLA USED CAR SALES: Jack Brambilla was present seeking a conditional use permit for a used car lot at 609 Flying Cloud Drive. The Planning Commission held a public hearing and recommended approval subject to the following conditions: CITY 'OF CHANHASSEN 7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: October 13, 1978 TO: City Manager, Don Ashworth FROM: Assistant City Planner, Bob Waibel SUBJ: Oakmont Redesign, Consideration of Resolution 911721 APPLICANT: John Elliot PLANNING CASE: P-523 Planner's Comments Mr. Elliot is proposing to develop that portion of land as shown in enclosure 1, into 26 2.5 acre single family residential sites. As you well know, resolution 911721 prohibits the planning commission from consideration of development plans beyond sketch plan stage for planned unit developments outside of the sewer service area. It was the intention of Mr. Elliot to either seek a variance to subdivide or record by metes and bounds description residential lots that would meet the requirements of Section 2.02 of ordinance 45 which limits residential building permits to one single family residential permit for each 2.5 acre tract, which shall have a front yard of not less than 50 feet, side yard on one side of not less than 100 feet and a side yard on the other side not less than 10 feet, a rear yard of not less than 50 feet and which shall adjoin a public road or Village street. The threshold for classifying a development as a planned unit development is anything more than 24 units. The applicant could alternatively delete three units from his proposed plans to fall below the requirements of resolution 911721, however in order for any development to occur on the property the applicant would first have to receive rezoning to R-1 and second receive a variance to record the land division into 2.5 acre parcels. The previous Oakmont proposal was under council review in 1970, and a development contract was drafted, however, city records show that it had not been executed. If section 14.07, subsection 2 which states that the Village Council finds that development has not occurred Mr. Don Ashworth -2- October 13, 1978 within a reasonable time after approval of the final development plan, the Village Council may instruct the planning commission to initiate rezoning to the original zoning district by removing the planned district zoning, the subject parcel would presently be zoned R-lA, agricultural residence district. Planner's Recommendation I feel that this request is premature with respect to the anticipated city policy towards development and growth in the present unsewered area and also beyond the spirit and intent of the city ordinances and planning practices, and. I reczd that the city council uphold resolution 911721 in the occasion of the Oakmont redesign. Action by City Admidittfa Endorsed Modified Rejected— Date Date Submitted to Commissiog I. �d :o cound, ----Z—(,Z . —50— o t SUBDIVISION PLAN CASE NO. SUB. City of Chanhassen Carver and Hennepin Counties, Minnesota APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Application_ Escrow Paid Date Received by Applicant Name: Elliott John A. Last First Initial C/o Partnership Investments, Inc. Address: Suite 2044, 7900 Xerxes Av So, Bloomington; Mn. 55431 _ Number and Street City State Zip Code Owner: Same Last First Initial Address: Same Number and Street City State Zip Code Address of property in question: Galpin Blvd. (CR 117) "Oakmount'l parcel Legal description of property in question: On Sketch Plan Present zoning of property: P-2 Planned Unit Development Present use of property: Open/Residential Proposed use of property: 30-22 Ac Lots and a 85 Ac Private Retreat The following documents if appropriate shall be attached to this application: Date Received Initial 1. Sketch Plan 2. Preliminary Plat 3. Escrow Account 'f -51- a Date Received Initial 4. Abstractor's Certificate 5. Final Plat I hereby declare that all statements made in this application and on the attached documents are true, and that I shall reimburse the City for all expenses incurred in processing this application for sub- division. Partnership I es-tments, Inc. �giAnature of Applicant Same Signature of Owner Date Received by Title Date (Following to be completed by Zoning Administrator or City Official) CHRONOLOGY -DATE BY Sketch Plan on Planning Commission Agenda Planning Commission Postponed to Preliminary Plat on Planning Commission Agenda Planning Commission Postponed to Newspaper Publication Adjacent Property Owners Notified Public Hearing Planning Commission Action Preliminary Plat on Council Agenda Council Postponed to Council Action Final Plat on Planning Commission Agenda Planning Commission Postponed to Planning Commission Action Final Plat on Council Agenda Council Postponed to Action [Council Final Contract Executed Escrow Returned --Amount: �.- ,' •�Cr • '•y-,1 •'jl��.�s •11fH�\I`'� t r�1 �—ram_{�, ,.`a .i yLL!Cl • • R .v :• •s f e' • L'{ •t• •• • • •n• •��n + c w _. ��_�� � � \may -� 1 • Uj• � • • FQ • L a k e ( - I • OF OF �� rr a w .a s h t a 11 Lake Lucy I / _ ►N COL • - s �T Lake Ann OF OF PN \ � • I i• •F I OF OF OF A HI Of t EVAR_ p I 4n•UOETUY _ �.�n i _ •F � OF / • O C i 1 ••F U ,F OF r, K ' I Sz x f ,%s •I 1 tip ,3. '�. „�. S%is i"`!.� r♦ it �s�f'.. 2t RJ i{ fi OF e R.r �Si kqi �'`3y Vic' a-Yb . t '.CAloft y j RussELL H. L,ARsox ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING] MINNEAPOLIS, MINNESOTA 55402 RUSSELL LARSON AREA CODE 612 CRAIG M. MERTZ TELEPHONE 335-9565 May 3, 1977 Ref: Zoning Mr. Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen, Minnesota 55317 Dear Don: I received a phone call from Capt. Wallin, who reported that a rock concert was held on the Oakmont Lybeck property on Highway 117 north of Highway 5 on the evening of Saturday, April 30, 1977. The concert was apparently a well -organized affair with large quantities of beer on tap, live music, chemical toilets, and a parking lot full of at least 500 cars. Capt. Wallin reports that persons came from as far as St. Cloud to attend the concert on the basis of flyers which were apparently distributed in youthful circles. Capt. Wallin asked that this office bring a misdemeanor/public nuisance abatement action against the owners of the property and the promoters. The purpose of the action would be to serve as a deterrent against future such events. Capt. Wallin is now conducting an investigation to learn the names and addresses of the promoters of the rock concert. Depending on the results of Capt. Wallin's investigation, we will be asking you for authority to commence a lawsuit against the owners of the property and the promoters. From: City Adminlstrator Referred To: Mayor Council _ Planner_ Buiid,ng-- CMM : mep Attoin: j _ _ Engineer _. Parks Strfc; f Taint, utiliiies Prc-s -- Other Date .5�7� Very truly yours, RUSSELL H. LARSON Craig M. Mertz Assistant Chanhassen City Attorney ej r'e�4��1 E` Q C�i u • �: �+ i MAY1977 % RECEIVED Np ►l GE: OF w \1S. MINN. �Vi� A CITY OF CHANHASSEN 7610 LAREDO DRIVE *P 0. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: May 10, 1977 TO: City Manager, Don Ashworth FROM: City Planner, Bruce Pankonin SUBJ: Zoning Restrictions on the Lybeck Property (Oakmont) The Lybeck property (which had the rock concert on April 30, 1977) is zoned P-2. Within this use district rock concerts are neither a permitted nor a conditional use. CHANHASSEN VILLA( COUNCIL MINUTES - April 2 _. 1970 -A- The following voted in favor thereof: Mayor Coulter, Councilmen Pearson, Bennyhoff.and Hill. No negative votes, Motion carried. POLICE: Lt. Klein presented and explained his monthly report to the Council, also the problem of mini -bikes and explained that the Park & Recreation Commission is setting up an area for the children, in the area, to ride their mini -bikes. MAINTENANCE DEPARTMENT: The Village Superintendent gave his monthly report to the Council. There were no special problems since the last monthly report. UTILITY DEPARTMENT: Jerry Schlenk gave his monthly -report on his miscellaneous problems in the Utility Department and_ requested.the Council to install an -overflow line from the water tower to the storm sewer line. ­ A motion was made by Mayor Coulter and seconded by Councilman Pearson to authorize the Engineer to prepare a report on plans and estimated cost to install an overflow line from the water tower to the storm sewer line. The following voted in favor thereof: Mayor Coulter, Councilmen Pearson, Bennyhoff and Hill. No negative votes. Motion carried. FIRE DEPARTMENT: The Fire Chief gave his report on Fire Department activities of last month, stating that there had only been"two grass fires in this time. OAKMOUNT: A motion was made by Council0dn;Bennyhoff--:and seconded by Councilman Pearson to set the date of May 25, 1970, at 8:30 p.m. for a Public Hearing for rezoning of the Oakmount Property from Farm Residence District to Residence District "C". The following -voted in favor thereof: Mayor Coulter; Councilmen Pearson, Bennyhoff and Hill. No negative votes. Motion carried. STODOLA: A motion was made by Councilman Pearson and. seconded by Councilman Bennyhoff to set the date of May 25, 1970, at 7:30 p.m. for a Public Hearing for rezoning of the Stodla Property from Farm Residence District to Residence District "C". The following voted in favor thereof-: Mayor Coulter, Councilmen Pearson, Bennyhoff and Hill. No negative votes. Motion carried. ADMINISTRATION:�-A motion was made by Councilman Bennyhoff and seconded by Councilman Hill to hire Francene C. Clark for a salary of $350.00 per month. The following voted in favor thereof: Mayor Coulter, Councilmen Pearson, Bennyhoff and Hill. No negative votes. Motion carried. - BOARD OF ADJUSTMENTS AND APPEALS: The following report was submitted by the Board of Adjustments and Appeals: Subject: Building Permit Denial Location: Lot 11, Block 3 - Greenwood Shores Members Present: Ward Passe, Dean Scheff, Hibbert Hill 7 I PUBLIC HEARING - STODOLA PROPERTY - REZONING FROM FARM RESIDENCE DISTRICT TO'RESIDENCE DISTRICT "C" The Chanhassen Village Council met on May 25, 1970, for the purpose of conducting.a public hearing on the rezoning of the Stodola Property. Mayor Coulter, Councilmen-Bennyhoff, Klingelhutz and Pearson were present. Councilman Hill was absent.. The Public Hearing began at 7:30 p.m. The Village Administrator read -the official publication and also read the list of names of residents who were sent notification. Mr. Stodola was requesting that his property be rezoned to Residence District "C" for multiple dwellings. The Council discussed.how this could be handled in light of the proposed Zoning Ordinance:- The proposed R-4 District would be the District that -this would be ultimately rezoned for. A report from the Planning Commission, the Park and Recreation Commission and the Village Engineer is to be submitted to the Council prior to their making a decision on June 8, 1970. No objections were -.filed with the Village Clerk. A motion was made by Councilman Bennyhoff and seconded by Councilman Pearson to adjourn. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz-and Pearson. No negative votes. Motion carried. Written testimony -regarding this Public Hearing will be allowed until Thursday, May 28, 1970, at 4:30 p.m. PUBLIC HEARING - OAKMONT PROPERTY -_REZONING FROM FARM RESIDENCE DISTRICT TO RESIDENCE DISTRICT "C" Mr. Howard Dahlgren and Mr.. David Kirscht presented the preliminary plat and explained the project and how. -the proposed P--2 District would be developed on this property. A total of 186 acres, 91 of which will be developed, the rest will remain in open space either in private parks, public parks or a golf course. The golf course is to:be a public course. The intention of Mr. Lybeck is that, if the zoning is approved, he would start the golf course this year. There would be no development of structures until sewer is available. The presentation was made on a preliminary plat by Reeke Carroll Mueller, dated January 27, 1,970. The Mayor asked, of the public, if there were any specific opinions of any of the persons present. DICK LYMAN '-.I know this land and I feel that this was well planned. I am in favor of this project. There were no objections listed. A report from the Planning Commission, Park and Recreation Commission and the Village Engineer will be submitted to the Council prior to their making a final decision on June 16, 1970. -2- PUBLIC HEARING. O,, { ONT -PROPERTY` � ':REZON.IXG _.;r AOM FARM RESIDENCE DISTRICT TO RESIDENCE DISTRICT "C" Mayor Coulter stated.that a final decision would be made on this rezoning petition, at a Special Council Meeting; Tuesday, June 16-, 1970,-at 8:00 p.m. Written testimony will be accepted until Thursday, June 11, 1970, at 4:30 p.m. A motion was made by Councilman Klingelhutz and seconded by Councilman Pearson to continue the Public Hearing until June 16, 1970, at 8:00 p.m. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Pearson. No negative votes. Motion carried. CHANHASSEN VILLAGE COUNCIL' -MINUTES-.- May 25, 1970 The Special Chanhassen Village Council Meeting was held on May 25, in the Village Hall. A motion was made by Councilman Bennyhoff and seconded by Councilman Pearson to dispense with all formalities. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Pearson. No negative votes. Motion carried. The following..members..were present: 'Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Pearson. Councilman Hill was absent. METROPOLITAN SEWER BOARD: A motion was made by Councilman Klingelhutz and seconded by Councilman Bennyhoff to adopt Resolution #525701 titled, RESOLUTION AUTHORIZING AGREEMENT TO TRANSFER SEWAGE.TREATMENT WORKS TO METROPOLITAN SEWER BOARD. The following voted in favor thereof: .Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Pearson. No negative votes. Motion carried. A motion was made by Councilman Pearson and seconded by Councilman Klinaelhutz to adopt Resolution 4525702 titled. RESOLUTION.RELATING TO TAX LEVIED FOR SOUTHWEST SANITARY SEWER DISTRICT.1970 BUDGET. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Pearson. No negative votes. Motion carried. TRANSIT COMMISSION: A motion was made by Councilman Bennyhoff and seconded -..by Councilman Pearson that the Village. of Chanhassen does hereby endorse and support Ed Hjerstad for Commissioner on the Transit Commission. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Pearson.. No negative votes. Motion carried. CHANHASSEN VIT4hAG, CQUNCI14 MINUgEp - peptepbpi 13, 1971 gage 2 CONNECTION TO MUNICIPAL SEWER AND WATER SYSTEM: (contd) A motion was made by Councilman Klingelhutz and seconded by Councilman Bennyhoff that individuals with private water systems be allowed to install a meter for the purpose of setting their sewer rate. This policy would in no way hinder the enforcement of the sewer and water ordianaces in the interest of public health. The following voted in favor thereof: MAyor Coulter, Councilmen.Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. OAKMONT: A motion was.made by Councilman Wolf and seconded by Councilman Bennyhoff to approve the zoning agreement as amended,with the new proposed P-2 District. The following voted in favor thereof: Mayor_ Coulter, Councilmen Bennyhoff, Klingelhutz, Neils. and Wolf. No negative votes. Motion carried. In answer to Mr. Lybeck's inquiry as to when the new Zoning Ordinance would be adopted, the Village Attorney stated that he felt that the Ordinance would be adopted sometime this fall. SHORBA HOUSE: Mrs. Shorba was present requesting that this matter be deferred until a later date as Mr. Shorba was unable to attend. The Council stated that they would defer this item until September 27, 1971 at 10:00 p.m. BUILDING PERMIT APPLICATION: The Building Inspector denied a permit application by Hansen & Klingelhutz Construction for part of Lot 43 and 44, Pleasant View Addition, because Ordinance 45 requires.that a private disposal.system cannot be placed closer than 125 feet from the lakeshore. The Board of Adjustments and Appeals. met at the proposed building site to consider a variance. However, they felt in their judgement that they could not make a recommendation until they have received a detailed report from the Village Engineer. A motion was made by Councilman Wolf and seconded by Councilman Klingelhutz to instruct the Village Engineer to review the proposed septic system and submit his recommendations at the next meeting. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes. Motion carried. SPECIAL STREET COMMITTEE: Councilman. Klingelhutz explained to the Council that the Committee had reviewed a number of streets that were under consideration. It appears that at - sometime in the past, the Township did maintain the road past the Hedstream property (the east postion of Ivy Street, as shown on the Carver Beach plat map). CHANHASSEN VILLAGE COUNCIL MINUTES - August 3, 1970 -4- ELECTION JUDGES: (continued) WEST PRECINCT ALTERNATES GOP DFL Mrs. Robert Hogue Mrs. Wayne Kelm Mrs. Gary Reed Cliff Van Rickley Mrs. Cyrus E. Field JUDGES - 8 P.m. UNTIL BALLOTS ARE COUNTED GOP Mrs. Richard Comer Mrs. William Hillier * Reverend Max Hayden * Denotes Chairman DFL Mrs. Florence Raser Mr. Edward Worm Mrs. Janet Gilbert The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Neils and Pearson. No negative votes. Motion carried. BI-ANNUAL ELECTIONS: The Village Attorney explained, in detail, the unique ramifications of the Minnesota State Statute 412.022. After lengthy discussion, it was decided that the Village Attorney should research this problem further. OAKMONT: There was a general discussion of the proposed agreement on the Oakmont rezoning. A motion was made by Councilman Bennyhoff and seconded by Councilman Neils that this agreement be referred to the Park and Recreation Commission for their study, with the recommendation that it be forwarded back to the Village Council as soon as possible. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Neils and Pearson. No negative votes. Motion carried. PROJECTS 70-2 and 70-3: A motion was made by Councilman Bennyhoff and seconded by Councilman Pearson to approve the contract and authorize the Mayor and the Clerk to sign said contract. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Neils and Pearson. No negative votes. Motion carried. -PROJECTS 68-1B and 68-3 and 69-2: A motion was made by Councilman Neils and seconded by Councilman Bennyhoff to set the date for the Public Hearing for August 24, 1970, and authorize the Village Administrator to publish such legal notices as necessary. The ' following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Neils and Pearson. No negative votes. Motion carried. CONTINUATION OF PUBLIC HEARING - OAKMONT - May 25, 1970 - June 16, 1970 I The Administrator informed the Council that no written comments I had been submitted after the first Public Hearing. A number of general points were discussed by the Council and questions asked of the applicant. No residents were present against or in favor of this proposed rezoning. A motion was made by Councilman Pearson and seconded by Councilman Bennyhoff to adjourn the Public Hearing at 8:35 p.m. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Pearson. No negative votes. Motion carried. CHANHASSEN VILLAGE COUNCIL MINUTES - June 16, 1970 Mayor Coulter called to order the Special Council Meeting. A motion was made by Councilman Klingelhutz and seconded by Councilman Pearson to dispense with all formalities. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Pearson. No negative votes. Motion carried. OAKMONT REZONING: A motion was made by Councilman Pearson and seconded by .Councilman Klingelhutz that we rezone,.5ubject to the following conditions, the following Farm residence zoned properties to Residence District "C": Government Lot.l, Section 11, Government Lots 1 and 2, Section 10, the Northwest Quarter.of the Northeast Quarter of Section 10, part of the Northwest Quarter of Section 10 and part of Government Lot 3, Section 3, all in Township. 116 North, Range 23 West of the 5th Principal Meridian. Approval of -the Council, to this action, shall not become effective until the applicant and the Village execute a contract containing the following terms. a. That said premises shall be zoned as a P-2 District subject to the within conditions upon passage of the proposed new Zoning Ordinance. . b. That said premises shall be developed substantially in accordance.with the preliminary plat for Oakmont, dated January 27, 1970, as prepared by Rieke -Carroll -Muller Associates, Inc. and designated Exhibit "A" here within. c. That of the 186 acres in the tract, only.91 acres are to developed for residential use with a density not to exceed 2800 units. - d. That the balance of 95 acres in the tract are to remain j space and roads, and shall include 3950 feet of Lake Ann and Lake } lakeshore'to.be dedicated as Public Park areas, and a golf course 4 of not less than..9 holes.and not less than 2900 yards in length, all as shown on said Exhibit "A". be open Lucy CHANHASSEN VILLAGE COUNCIL MINUTES - June 16, 1970 -2- e... That .no building permitfor.-multiple residential construction . shall be :_granted -by .the- -Village until a municipal sanitary sewer -trunk line is .available to the area and until such trunk line is served by the proposed Chanhassen -Eden Prairie force main or acceptable alternate thereto. The following voted in favor thereof:. Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Pearson. No negative votes. Motion carried. DOGS: The Village Attorney explained, to the Council, the status of the Pittel-London case. MUNICIPAL COURT: A motion was made by Councilman Bennyhoff and seconded by Councilman Pearson that the Mayor and the Clerk be authorized to sign the agreement with Carver County when the agreement has been drawn to the Village Attorneys satisfaction, concerning the disposition of fine costs and court costs. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Pearson. No negative votes. Motion carried. COUNCIL APPOINTMENT: -A motion .was made=by Councilman Pearson and seconded by Councilman Bennyhoff to rescind the motion made at the June 15, 1970, Council Meeting, title Council Appoihtment. A motion was made by Councilman Pearson and seconded by Councilman-Klingelhutz to table any action on the Council Appointment until June 29, 1970. Councilmen Bennyhoff, Klingelhutz and Pearson voted yes. Mayor Coulter voted no. Motion carried. The.following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Pearson-, No negative votes. Motion carried. A -motion was made by Mayor Coulter and seconded by Councilman Klingelhuta.to propose the following names, to be considered, to fulfill the unexpired..term of Councilman Hill, which expires on the first business day in January, 1972. Steve Wolf Anne Neils .John Neveaux Tom Gabbert Richard Lyman, Sr. James E. Mielke Herb DeVaan The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Pearson. No negative votes. Motion carried. A written ballot was taken of each Councilman and the Mayor. Anne Neils received a majority of the votes.