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1979 08 20 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING AUGUST 20, 1979 Mayor Hobbs called the meeting to order at 7:30 p.m. with the following members present: Councilmen Pearson and Geving. Councilmen Matthews and Neveaux were absent. The meeting was opened with ~he Pl~dge to the Flag. APPROVAL OF AGENDA: Councilman Pearson moved to approve the agenda as presented. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Geving. No negative votes. Motion carried. AWARD OF BIDS - SOUTH LOTUS LAKE DRAINAGE IMPROVEMENT PROJECT: RESOLUTION #79-49: Councilman Geving moved the adoption of a resolution accepting the engineer's report of August 20,1979, awarding the bid on the South Lotus Lake Drainage· Improvement Project 78-1 to Ideal Enterprises, Inc. in the amount of $64,112 for parts 1 and 2. Resolution seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Geving. No negative votes. Motion carried. AWARD OF BIDS - MSAS 101 PAVING (KERBERBLVD~1: RESOLUTION #79-50: Councilman Pearson moved the adoption ofa resolution accepting the engineer's report of August 20, 1979, on M.S.A.S. No. 194~101~03~for street paving, awarding the contract to Northwest Asphalt, Inc. in the amount of $81,985.00 subject to the approval of th~ Minnesota State Aid Office. !Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Geving. No negative votes. Motion carried. Councilman Pearson moved to direct staff to prepare a detailed report on how they are proposing to assess the rural section and urban section of the street prior to the assessment hearing. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Geving. No negative votes. Motion carried. PUBLIC HEARING KIOWA TRAIL SANITARY SEWER PROJECT 78-8:· Mayor Hobbs called the hearing to order at 8:05 p.m. with the following interested persons present: Pete and Ginny Pemrick, 9251 Kiowa Trail Barry Bershow, 9271 Kiowa Trail Nick and Kathy Stockwell, 9411 Kiowa Trail Bev Bell, 9371 Kiowa Trail Sidney and Lee Mosman, 9280 Kiowa Trail Jo King, 9391 Kiowa Trail Ted Dockendorf, 9261 Kiowa Trail Sam and Kris Suhl, 9361 Kiowa Trail Susan Luker, 9270 Kiowa Trail Cecil Waller, 600 West 94th Street Robert and Mary Jane Eickholt, 15460 Pioneer Trail, Eden Prairie Vergal Buescher, Kiowa Trail Ray Jackson Craig Mertz Jack Gill Ray Jackson explained that the prices had not changed since the last meeting with the residents. The project was bid April 1979 and was considerably above the estimate. The purpose of this hearing is to gather input from the residents as to whether or not they favor the project. Bob Eickholt - lawn two lots and I have one house and I am sitting there waiting for some action one way or another, sewer or drainfield. When I heard your earlier estimates of about $4700 I realized that although I am not an Council Meeting August 20, 1979 -2- engineer, I thought this is unreal and I think your 55% overrun on the cost is probably realistic. I spoke here once before about the advisability of putting this in before the cost escallates'-and'if you I have a firm bid on these figures you can look at the cost of living and the inflation rate of the last year and you have 17% and if this was del ayed a number of years your 55% woul d 1 ook small. I woul d say that this is the way to go and these lift pumps, I'know enough about them that I know they are not a good idea because any time you have a power failure or a malfunction of a pump or check valve you have got problems. I speak from experience because I have worked on them. I do think that now is the time to put the sewer in. I own lots 3 and 4, block 2. Jo King - Lot 10. We would like sewer by the gravitational method only. We would be a candidate for a house pump if you chose that method. Lee Mosman - Lot 2 north of the park. I voted a yes. I just talked to my brother who owns the lot on the south side of the park and he votes no. Barry Bershow - I own the unnumbered lot. The most wes~erly rectangle on the north side of the bay. We are a yes. We prefer the gravity, not because we are involved in it but because of th~ reason of the convenience for our neighbors. We have no septic problem at this point but at some point we are sure the sewers are going to be imposed on us and r think now is the time when itls cheaper. Ron Setter is not here this evening but I talked with him about ten mi nutes before I came here and he says he can go either way . I He would just like people to do things one way or another so he could either decide to fix up his field or wait for sewer. Sam Suhl - Lot 7. I have always been against the project. I am still under the conclusion that I would rather wait. We moved in 1976 and naturally we are one of these people that were told it was going to be ten years off. I would rather see the project come from 101 or from the west as we discussed at the meeting in the church. I also have a letter from the McCarts (lot 2, block 2). The letter reads IIWe wi 11 be unable to attend the Council meeting on Monday, August 20. It is our understanding that a decision will be made at that time regarding the proposed sewer project for the residents on Kiowa Trail. We are not in favor of the proposed project and we have a new home with a septic system that should last for many years. If it is your decision to continue on with the project we would request that residents not be mandated to hook up and that they could do so whenever the need arises for them. II This is signed by the McCarts. Vergal Buescher - I am on lot 6 and my vote still stays the same as last time, no. Susan Luker - I am lot 1, block 1 ~ and my vote is still no. Lots 3, 4, and 5. has to go in some the lots are going so I voted yes. Bev Bell - Lot 8. We are having just tons of septic problems so we vote yes. Although the costs are rather horrendous this project time or another and it IS not going to be any cheaper to be torn up, winter is the best time I agree, I Mrs. Mosman - I I I Council Meeting August 20, 1979 -3- Mrs. Waller - I voted no. We just put ours in two years ago. Lot 1, block 3. Nick Stockwell - We are not interested in the sewer at this point. Those who say it's going to get more expensive I have got to believe for someone in our position, just like someone in lot 1, block 3, whose property abuts 101 and the sewer line is coming down 101, I have got to believe it would be a lot more economical to wait for that. All that property is relatively new. To my knowledge no one has had any problems around there. I have a letter from the McClures. They"say IIWe are against sewer. If sewer has to go through we are for pl an C. If that doesn I t go through weare for plan A.II Signed by Mr. and Mrs. Robert>McClure. Councilman Geving moved to close the public hearing. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Geving. No negative votes. Hearing closed at 8:45 p.m. KIOWA TRAIL SANITARY SEWER PROJECT: Councilman Pearson moved to table action until September 4, 1979. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Geving. No negative votes. Motion carried. MINUTES: Councilman Geving moved to approve the August 6, 1979, Council minutes. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Geving. No negative votes. Motion carried. Councilman Pearson moved to note the July 18, 1979, Planning Commission minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Geving. No negative votes. Motion carried. Councilman Pearson moved to note the August 1,1979, Planning Commission minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Geving. No negative votes. Motion carried. Councilman Geving moved to note the August 8, 1979, Planning Commission minutes. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Geving. No negative votes. Motion carried. Councilman Geving moved to note the August 14, 1979, HRA minutes. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Geving. No negative votes. Motion carried. Councilman Pearson moved to note the0Aûglßt16, 1979, Community Facilities Study Committee minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Counci lmen Pearson and Geving. No neg'8tive votes. Motion carried. INDUSTRIAL PARK CHARGE, REQUEST FOR RECONSIDERATION - DUNN AND CURRY: . Ed Dunn, Rod Hardy, Al Klingelhutz, Diane Lenertz, Pat Boyle, Phyllis Pope, and Jerome Carlson were present. Mr. Dunn asked that the Council reconsider the industrial park charge so thataçldftion'al input can 'be gathered from the industrial developers in the City. Jerome Carlson, Instant Web, al~~ asked that the park charge be reconsidered. Al Klingelhutz expressed concern about the park charge and suggested that the chamber of commerce become informed-and involved. Discussion was held on withholding publication of the ordinance as previously approved by the Council. No action was taken. Developers were instructed to submit specific proposals to the Park and Recreation Commission for their review and recommendation. BILLS: Councilman Geving moved to approve the bills as presented; checks #10983 through #11025 in the amount of $2,814,241.08, checks #10882 through 10982 in the amount of $345,498.43 and checks #7623 through #7702 in the amount of $485,532.09. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson Council Meeting August 20, 1979 -4- and Geving. No negative votes. Motion carried. VOLUNTEER FI RE DEPARTMENT, REQUEST TO' INCREASE REU EF ASSOCIATION FUNDING: Fri tz I' Coulter, Frank Kurvers, and Bob Meuwissen were present to answer questions. The Council requested an analysis of Eden Prairie, Chaska, Shakopee, and Excelsior relief associations plus two additional communities and what they may be proposing. AGENDA ITEMS: Councilman Pearson moved to table the following items as a 4/5 vote is required: Side Yard Variance, Brian Evans, 6710 Nez Perce. Lot Area and Front Yard Setback Variance, James H. Anderson, 6624 Huron. Conditional Use Permit, Eileen Ford, 535 Lakota Lane. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Geving. No negative votes. Motion carried. COMMUNITY FACILITY COMMITTEE - 1979 REFERENDUM RECOMMENDATIONS: Mark Koegler, City Planner, Jack Boarman, Architect, and committe'ememberAl'Klingelhutz were present to gi ve the council an update on the progress of the proposed referendum. The Communi ty Facilities Study Committee had chosen Option C which involves the construction of a public works garage, city hall, library, and satellite fire station on three separate sites. Councilman Pearson moved that the Council endorse Option C for the ballot in November and encourage the Committee to continue their work. Motion seconded by Councilman Geving. The foll owing voted in favor: Mayor Hobbs, Counci lmen Pearson and Geving. No negative votes. Motion carried. HRA STATUS REPORT: Commissioners Bill Gullickson and Mike Niemeyer were present to give a status report on the downtown development plan. FOX HILL DRIVE: Mr. and Mrs. H. E. Sampson were present requesting a street name change from Fox Hill Drive. Mike Niemeyer was asked to survey the residents along the street to present a new name prior to September 1, 1979. 212/169 PROGRESS REPORT: Councilman Geving stated that as of the last meeting of the Highway 212/169 Study Committee, Eden Prairie had chosen its preferential Highway 212 alignment as meeting the Chanhassen border north of Lake Riley. Councilman Geving noted that it is a priority at this time for Chanhassen to select either the northerly or southerly alignment so that an overall definitive alignment between 494 and the western extent of the road could be established by the first of the year. A meeting will be held August 28 at 7:30 p.m. in City Hall to select a route. PARK AND RECREATION COMMISSION RESIGNATION: Councilman Pearson moved to accept the resignation of Pat Boyle and direct the City Manager to prepare a letter of commendation for council signature. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Geving. No negative votes. Motion carri ed. I 1980 POLICE CONTRACT: Council members discussed the proposed contract and the poss ibîl ity of a referendum. LITIGATION STATUS: Road was discussed. Pending litigation With Northern Contracting on Pleasant View No action was taken. I POPE DRAINAGE POND: Ray Jackson explained that the pond was being pumped starting today. A possible solution may have been found by ditching along the north side of Hi ghway 7. The Buil ding Inspector wi 11 be meeting with MnDOT representati ves. I I I Council Meeting August 20, 1979 -5- Councilman Pearson moved to adjourn. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Geving. Meeting adjourned at 12:05 a.m. Don As hwo rth Ci ty Manager