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1980 09 08 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING SEPTEMBER 8, 1980 Mayor Hobbs called the meeting to order at 7: 00 p.m. with the followin<J mEIDbers present: Counci1men Pearson, Neveaux, and Geving. Councilman Swenson was absent. The meeting was opened with the pledge to the flag. APPROVAL OF AGENDA: Counci1man Gevin<J moved to approve the agerrla as presented with the addition of Sunrise Hills Forcanain, Hanus Permit, Holiday Station corner landscaping, St. Hubert's Parish, and Natural Green permit. Motion seconded by Counci1man Neveaux. The following voted in favor: Mayor Hobbs, Counci1men Pearson, Neveaux, and Geving. No negative votes. Motion carried. SOUTH IDTUS IAKE DRAINAGE IMPROVEMENT PROJECT 78-1: VERNON ZETAH: 25-37-500-0021-000 Mr. Zetah feels he should not be assessed due to the damage done to his lakeshore. Council members felt that Mr. Zetah has more use of the land now than he had before and the erosion is controlled. Counci1man Neveaux moved to deny the asseSSrtlent abatEment request. Motion seconded by Counci1man Pearson. The follc:wing voted in favor: Mayor Hobbs, Counci1men Pearson, Neveaux, and Gevin<J. No negative votes. Motion carried. HUBERT SWANSON 25-80-500-0050-000 Mr. Swanson feels he paid for storm sewer with the price of his lot. should be assessed twice. Jim Orr, City Engineer, stated that it is assess property a number of times for stonn sa.ver and. drainage. Does not feel he possible to Counci1man Neveaux moved to deny the request for abatEment of assessment. Motion seconded by Counci1man Pearson. The follc:wing voted in favor: Mayor Hobbs, Counci1men Pearson, Neveaux, arrl Gevin<J. No negative votes. Motion carried. CIARK HORN 25-12-000-0306-000 Mr. Horn suggested that the assessment be spread on a per unit basis rather than lot size. He further feels he should not have to pay for Lot 12 construction as his stann water has a controlled outlet which reduces the erosion caused by llis runoff. Councilman Neveaux moved to deny the grievance request of Mr. Horn dated August 20, 1980. Motion seconded by Mayor Hobbs. The following vote:l in favor: Mayor Hobbs, Counci1men Neveaux and Pearson. Councilman Gevin<J vote:l ID. Motion carried. CURI'IS HUOVIE 25-81-000-0004-000 Mr. Huovie stated that his lot is 13,300 square feet. The En<Jineer recorrmended amendin<J the rolFto 13 ,320 square feet. Councilman Geving moved to amend the assessment roll to 13 ,320 square feet. Motion seconded by Councilman Neveaux. The follc:wing voted in favor: Mayor Hobbs, Counci1men Pearson, Neveaux, and Geving. No negative votes. Motion carried. BERNARD IŒRBER 25-12-000-0333-000 Mr. Kerber does not c:wn this property. Counci1man Neveaux moved to amend the roll by chan<Jin<J the name to Gladys Schueren. MJtion seconded by Councilman Gevin<J. The fOllc:wiIB voted in favor: Mayor HObbs, ~ Council Meeting SeptEmber 8, 1980 -2- Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. FRANCES HEDTKE 25-12-000-0312-000 I Mrs. Hedtke is re:juesting her assessment be lowered due to the pond location and tree damage. The EnJineer has reviEWed the property and noted some minor tree damage. The City Engineer will prepare a report on the location of the pond. The City Forester will inspect the trees and report to the Council. Councilman Neveaux moved to deny the obj ection to the assessment. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. TIMOTHY GAGNON 25-37-500-0022-000 Feels he does rot drain into the area and lot size assessed too large. The Engineer recorrmended reducim the square footage to 18,100. Councilman Neveaux moved to accept the Engineer IS recorrmendation to reduce the square footage to 18,100. Motion seconded by Councilman Geving. The following voted in favor: Mayor HObbs, Counci1men Pearson, Neveaux, and Geving. No negative votes. Motion carried. 'IOM KLINGELHUT7. 25-37~O~D-OÖ34-000 AND 25-37-000-003S-000 Property has been split and sold. El1<Jineer recanmende:ì amerrlim the assessment roll to reflect the chan<Jes. Councilman Pearson move:l to amerrl the assessment roll showim Jeff Swedlund as I the c:wner of parcel 25-37-000-0034-000 and Tan Klin<Jelhutz as c:wner of parcel 25-37-000-0033-000. Motion secorrled by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Counci1men Pearson, Neveaux, and Gevin<J. No negative votes. Motion carried. MRS. NORBERT JACQUES 25-37-000-0036-000 Property does not drain into this area. El1<Jineer recanmended rEmoval fran the assessment roll. Councilman Geving moved to delete the assessment as the property does rot drain into this area. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Counci1men Pearson, Neveaux, and Gevin<J. No negative votes. Motion carried. GEDRGE SHORBA 25-37-000-0037-000 Property does not drain into this area. El1<Jineer recarmended rEmoval fran the assessment roll. Councilman Geving rroved to delete the assessment as the property does not drain into this area. Motion seconded by Councilman Pearson. The follc:wirg voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. IVO SCHlJTROP 25-37-000-0038-000 Property does not drain into this area. Engineer recanmended rEmOval fran the assessment roll. I I I I Council Meeting September 8, 1980 -3- Councilman Gevin<J moved to delete the assessment as the property does not drain into this area. Motion seconded by CounciJrnan Pearson. The following voted in favor: Mayor Hobbs, CounciJrnen Pearson, Neveaux, and Geving. No negative votes. Motion carried. DAVID AIMICH 25-37-500-0024-000 Some of Mr. Almich I s property is a hill and he feels he should not be assessed as it is not buildable. Buildability is not a consideration in this assessment. Councilman Pearson moved to deny the request. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Gevin<J. No negative votes. MJtion carried. MICHAEL BAKER 25-80-500-0060-000 Mr. Baker feels he has been assessed previously for storm SEWer and paid for it with the price of his home. Councilman Neveaux moved to deny the request for abatEment. Motion seconded by Councilman Geving. The follc:win<J voted in favor: Mayor Hobbs, CounciJrnen Pearson, Neveaux, and Geving. No negative votes. lYlotion carried. DANIEL ZABORSKY 25-80-500-0045-000 Mr. Zaborsky feels that the improvEments do not benefit his property and he lS rot wi thin the drainage area. CounciJrnan Geving moved to deny the obj ections raised by Mr. Zaborsky. Motion seconded by Councilman Pearson. The follc:wim voted in favor: Mayor Hobbs, CounciJrnen Pearson, Neveaux, and Geving. No negative votes. Motion carried. MICHAEL SAUNDERS 25-80-500-0046-000 Mr. Saunders feels his property does not benefit by the improvement. Councilman Pearson moved to deny the request for abatEment. Motion seconded by Councilman Neveaux. The follc:wing voted in favor: Mayor Hobbs, counciJrnen Pearson, Neveaux, and Geving. No negative votes. lYlotion carried. ROBERT ROBlNETI' 25-80-500-0025-000 Mr. Robinett stated his lot contains 17,786 square feet. The En<Jineer recorrmerrled a reduction in the assessment to 17,780 square feet. CounciJrnan Pearson moved to reduce the square foot assessment to 17,780 square feet. Motion seconded by Councilman Neveaux. The follc:win<J voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. C. PETER LINSMAYER 25-37-500-0015-000 Mr. Linsmayer feels that the eaSEment granted forlDt 12 was granted on the condition of no assessment. The City Attorney stated he finds no reference to any discussion or correspondence dealing with ro assessment for Lot 12. Councilman Neveaux moved to deny the request for assessment abatement. Motion seconded by Councilman Geving. The follc:wing voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. M;)tion carried. Council Meeting September 8, 1980 -4- ROBERT HALVERSON 25-50-500-0009-000 Mr. Halverson feels the need for this project was caused by a lack of planning and foresight on the part of the city. Counci1man Gevin<J moved to deny the obj ections. Motion seconded by councilman Pearson. The followin<J voted in favor: Mayor Hobbs, CounciJrnen Pearson, Neveaux, and Geving. No negative votes. Motion carried. I THOIY:1AS MC CARTHY 25-80-500-0010-000 Feels he should not be assessed as he has a drainage probl611 which his neighJ:x::>r Mr. Beck and himself have tried to correct by installin<J drain tile. Councilman Neveaux moved that the Council grant relief to both Mr. McCarthy a:rrl Mr. Beck as per their re:jUests dated August 22 am August 25, 1980, and that the costs of repairin<J their property to solve the drainage probl611 be included as a part of the overall project costs within the South Lotus Lake Drainage ImprovEment. Motion died for lack of a second. CounciJrnan Geving moved to deny the request. Motion seconded by CounciJrnan Pearson. The follc:wirg voted in favor: Mayor Hobbs, CounciJrnen Pearson and Geving. Councilman Neveaux voted no. Motion carried. LARRY BECK 25-80-500-0009-000 Mr. Beck feels the proj ect does not benefit his property. Councilman Pearson move:l ta deny the re:jUest. Motion secomed by Councilman Gevin<J .1 The follc:wi:ng voted in favor: Mayor Hobbs, Councilmen Pearson am Gevin<J. Councilman Neveaux voted no. Motion carried. WILLIAM MC NAMARA 25-80-500-0038-000 Mr. McNamara f eels this proj ect does not benefit his property. Counci1man Pearson moved to deny the request. Motion seconded by CounciJman Gevin<J. The followin<J voted in favor: Mayor Hobbs, Councilmen Pearson and Geving. Councilman Neveaux voted no. Motion carried. JOHN ROBERTS 25-80-500-0064-000 Mr. Roberts stated his lot does not drain. The City Engineer stated he had viewed the property and it does r:;ocket some water. Councilman Geving moved to deny the objection. Motion secon:1ed by Councilman Pearson. The followin<J voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, am Gevi:ng. No negative votes. Motion carried. WALTER HANSON 25-12-000-0305-000 Mr. Hanson feels the price is too high for sanEOne elses water. The En<Jineer viEWed the property and recamlended a 5,600 square foot reduction as a small portion of the lot is out of the drainage area. I Councilman Geving moved to amend the assessment roll and reduce the square footage by 5,600. Motion seconded by Councilman Neveaux. The followirg voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, a:rrl Gevirg. No negative votes. Motion carried. I I I Council Meetin<J September 8, 1980 -5- DAVID MORRCW 25-12-000-0303-000 Councilman Geving moved. to direct staff to review the David Morrow property and make a recanmendation to the Council. Motion seconded by CounciJman Neveaux. The follc:win<J voted in favor: Mayor HJbbs, Councilmen Pearson, Neveaux, arrlGeving. No negative votes. Motion carried. TED DE LAN:EY 25-37-500-0023-000 AND 25-37-500-0020-000 Mr. deLancey is requestin<J that his assessment be spread over a lOn<Jer period of time. No action was taken. MRS. DONALD SCHMIEG 25-37-000-0019-000 Mrs. Schmieg feels the property in Lot 5, Block 4 is not buildable and should not be assessed. The El1<Jineer stated that buildability is not a factor in assessiIB drainage imprøvEments. Property can be assesse:i more than once for stonn SEWer or drainage improvEments . CounciJrnan Pearson moved to deny the request for abatEment. Motion seconded. by Councilman Neveaux. The followin<J voted in favor: Mayor Hobbs, Councilmen Neveaux, Pearson, and Gevin<J. No negative votes. Motion carried. DON SCHMIEG 25-12-000-0298-000 Mr. Schmieg stated that the property had been previously assessed for areas a and b in Project 75-11. Councilman Gevin<J rroved to deny the request for abatEment. Motion seconded. by Councilman Neveaux. The followin<J voted in favor: Mayor Hobbs, Councilmen Neveaux, Pearson, am Gevin<J. No negative votes. Motion carried.. PAUL ROJINA 25-12-000-0308-000 This grievance deals with the construction of the project. Staff was directed to invèstiage and report back to the Council. RESOllJTION #80-28 CounciJman Pearson moved the adoption of a resolution approvirg the South lotus Lake DrainagEment ImprovEment Project 78-1 assessment roll as amended. Resolution seconded by CounciJrnan Gevin<J. The follc:wing voted in favor: Mayor Hobbs, CounciJrnen Pearson, Neveaux, and Gevin<J. No negative votes. Motion carried.. BANDIMERE HEIGH'IS SEWER IMPROVEMENT PROJECT 79-3 DELTA BANDlMERE 25-38-000-0010-000 Mr. Bandimere noted that John Heile and Peter Panrick properties were excluded frŒl the street and SEWer assessments. The En<Jineer explained that both properties were previously assessed for SEWer and the Panrick property does access off Kic:wa Trail. Councilman Gevirg moved to amend the assessment roll to include the Peter panrick property on the street improvEment only. Motion seconded by Councilman Pearson. The follc:win<J voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Gevirg. No negative votes. Motion carried. Council Meeting SeptEmber 8, 1980 -6- GARY SUHL 25-38-000- 0007-000 Mr. Suhl stated he feels the assessment is unfair and should be based on lot size I instead of a unit basis. He further stated that the assessment exceeds the value that his property would benefit fran the proj ect. Councilman Neveaux moved ta deny the request for a chan::]e in Mr. Suhl' s assessment. Motion secorrled by CounciJrnan Pearson. The followil1<J voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Gevil1<J. No negative votes. Motion carried. RESOLUTION #80-29: Councilman Neveaux moved the adoption of a resolution approvin<J the assessment roll for Bamimere Heights SEWer Project 79-3 as amerrled. Resolution seconded by Councilman Gevim. The follc:wim voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Gevin<J. No negative votes. Motion carried. HIGHWAY 5 FRONTAGE ROAD AND SIGNALIZATION PROJECT 78-5 MTS SYSTEMS CORPORATION 18-116-22-21-0002 Mr. Paul Strand requested that the acreage figure used in calculatil1<J the M'IS assessment should be reduced to 20 acres because of the lam to be donated ta the City for greenway am street right-of-way. CounciJrnan Neveaux move:l to deny the request of MTS SystEmS to reduce the assessment acreage. Motion seconded by CounciJrnan Pearson. The follc:win::] voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Gevin<J. No negative votes. Motion carried. RESIDENTS OF CHANHASSEN ESTATES, CHANHASSEN ESTATES SECOND ADDITION AND OUTLOTS Residents do rot feel they should pay for the widenin<J of Dakota. Mr. Stram agreed with this at the public hearing. The En::]ineer recanmerrled that the widening costs be b::>rne by MTS and aruttim lots on the South Frontage Road. I Councilman Neveaux moved to amem the assessment roll for all residential lots and outlots in chanhassen Estates and chanhassen Estates Second Addition includim the Frank Bongard property from $81. 57 to $13.73 and amend the roll further ta spread the costs of the widenin<J of Dakota against outlots 1 and 2, M'IS SystEmS, and Metropolitan ~vaste Control Corrmission properties. Motion secorrled by CounciJrnan Gevin<J. The followim voted in favor: Mayor Hobbs, CounciJrnen Pearson, Neveaux, am Geving. No negative votes. Motion carried. .OON REED PROPERrIES 25-68-000-0003-000 AND 07-116-22-33-0001 A representative of Don Reed Properties is requestin<J that the assessments be split as the property has been split differently than shown on the assessment roll. Councilman Pearson moved to amend the assessment roll to split the assessments on the Don Reed Property per the legal descriptions dated April 8, 1980, and June 24, 1980, provided on their request dated August 26, 1980. Staff will verify that this split is a legal constituted split. lYlotion secomed by CounciJrnan Neveaux. The followin::] voted in favor: Mayor IDbbs, Councilmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. RESOWTION #80-30: Councilman Pearson moved the adoption of a resolution approving the assessment roll for Highway 5 Frontage Roads arrl Signalization Project 78-5 as amended. Resolution seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, CounciJmen Pearson, Neveaux, and Geving. No negative votes. Motion carried. I I I I Council Meetin<J SeptEmber 8, 1980 -7- CONTINUATION OF PUBLIC HEARING DATED AUGUST 25, 1980 IDRTH lAKE SUSAN SEWER, WATER, AND STREET IMPROVEMENT PROJECT 78-3 MARTIN WARD 25-13-000-0381-000 Mr. Raidt, representing Mr. Ward, noted that $12,000 of the $22,200 in eaSEment costs were awarded. The En<Jineer recorrmended that the assessment be reduced by $10,200. Councilman Neveaux moved the adoption of the Martin Ward Estate grievance and the Engineer's recanmemation reducing the assessment by $10,200. Motion seconded by Councilman Geving. The follc:wing voted in favor: Mayor Hobbs, CounciJrnen Pearson, Neveaux, and Gevin<J. No negative votes. lYlotion carried. DUNN AND CURRY Mr. Dunn questioned the assessments on the park lands. Staff rEmoved the trunk assessments fran the park lams and Council members received a revised assessment roll. Mr. Dunn further questioned'the capitalized interest rate as opposed to what has been agreed to in his developtlent contract. RESOliJTION #80-31: Councilman Pearson moved the adoption of a resolution approvin<J the North Lake Susan SevJer, Water, Street, and Stonn SEWer Project 78-3 assessment roll at an interest rate of 7%, assessments to be spread over 15 years, and including the addition of Section 3 in the Attorney's mEmorandum of SeptEmber 8, 1980. Resolution seconded by Councilman Gevirg. The followin<J voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Neveaux. No negative votes. Motion carried. MARrIN WARD 25-13-000-0381-000 CounciJrnan Neveaux moved to defer the Martin Ward assessment pursuant to the eaSEment agreEment. Motion seconded by Councilman Pearson. The following vote:l in favor: Mayor Hobbs, CounciJrnen Pearson, Neveaux, and Geving. No negative votes. Motion carried. Councilman Pearson moved to amend the interest rates on Resolutions 80-28, 80-29, and 80-30 fratl 8% ta 7% am direct staff to take the accrued interest out of retirEment of construction into debt reduction. Motion seconded by CounciJrnan Neveaux. The following voted. in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Gevim. No negative votes. Motion carried. CounciJrnan Pearson moved to close the public hearin<J. Motion seconde:l by CounciJrnan Gevirg. The follc:win<J voted in favor: Mayor Hobbs, CounciJrnen Pearson, Neveaux, and Geving. No negative votes. Motion carried. SUNNYSIDPE ADDITION: Allen Gray was present asking 'for an extension to his developtlent contract in order to complete the improvements in Sunnyslope Addition. Mr. Gray stated it is his intention to have curb and gutter and blacktop in before the groum is frozen. The tennis coort will be installed in 1981. Councilman Pearson moved to grant an extension on the developtlent contract for Sunnyslope Addition until July 1, 1981. Motion seconded by Councilman Geving. The followin<J voted in favor: Mayor Hobbs, Councilmen Pearson and Gevin<J. Counci1man Neveaux voted no. Motion carried. HIGHWAY 212 CORRIDOR: RESOliJTION #80-32: Councilman Gevin<J moved the adoption of a resolution supportim a proposed. corridor for nEW Highway 212. Resolution seconded by Councilman Neveaux. The followin<J voted. in favor: Mayor Hobbs, CounciJrnen Pearson, Neveaux, and Gevin<J. No negative votes. Motion carried. Council Meeting SeptEmber 8, 1980 -8- :NJRTHWEST SATELLITE FIRFSTATION: Al Klin<Jelhutz was present to discuss the status of the land purchase. RESOLUTION #80-33: Councilman Neveaux moved the adoption of a resolution that the I Ci ty acquire the Craig Miller property by negotiated purchase and condannation, if necessary. Resolution seconded by CounciJrnan Pearson. The following voted in favor: Mayor Hobbs, CounciJrnen Pearson, Neveaux, and Geving. No negative votes. Motion carried. 1980 ELæTION EDUIPMENT: Councilman Pearson moved to authorize the purchase of 40 votomatics and related e:juipnent for a total of $16,100 fran Computer Election Systems. Motion secorrled by CounciJrnan Neveaux. The followin:.:r voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, am Gevin<J. No negative votes. Motion carried. LE'ITER OF COMMENDATION: The City Manager was directed to prepare a letter for Council signature commerrling Judy Blanchard on her efforts as Editor of the Carver County Herald. CounciJrnan Neveaux moved to adjourn. Motion seconded by CounciJrnan Gevirg. The following voted in favor: Mayor Hobbs, CounciJrnen Pearson, Neveaux, and Geving. No negative votes. Meeting adjourned at 12: 15 a.m. Don Ashworth Ci ty Manager I I