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1983 11 21 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING NOVEMBER 21, 1983 Acting Mayor Geving called the meeting to order. The meeting was opened with the Pledge to the Flag. Members Present --- Councilman Horn, Councilwoman Watson and Councilwoman Swenson Member Absent Mayor Hamilton Staff Present Don Ashworth and Bill Monk APPROVAL OF AGENDA: Councilwoman Watson moved to approve the agenda as presented-With the addition of Bluff Creek Railroad Signals and 201 Program. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Geving, Councilman Horn, Councilwomen Swenson and Watson. No negative votes. Motion carried CONSENT AGENDA: Councilwoman Watson moved to approve the following consent agenda item pursuant to the recommendation of the City Manager. a. Closing of Various Construction Accounts. RESOLUTION #83-54 Fund 573 - Kerber Drive (77-6) Fund 605 - Colonial Grove 2nd Addition (80-4) Fund 608 - Oien Drainage (81-4) Fund 610 - Legion Sewer and Water (81-5) Fund 583 - East Lotus Lake (75-10) Fund 607 - Lake Lucy Water Motion seconded by Acting Mayor Geving. The following voted in favor: Acting Mayor Geving, Councilman Horn, Councilwomen Swenson and Watson. No negative votes. Motion carried PUBLIC HEARING CHANHASSEN LAKES BUSINESS CENTER INDUSTRIAL REVENUE BOND PROPOSAL Acting Mayor Geving called the hearing to order. Bryant Wangard and Donna Haskins were present. There being no public comment, Councilman Horn moved to close the public hearing. Motion seconded by Councilwoman Watson. The following voted in favor: Acting Mayor Geving, Councilman Horn, Councilwomen Swenson and Watson. No negative votes. Motion carried INDUSTRIAL REVENUE BOND PROPOSAL, CHANHASSEN LAKES BUSINESS CENTER: RESOLUTION #83-55: -COUncilman Horn moved the adoptTon-üf-a resolution to approve the $1,450,000 Commercial Development Revenue Note of 1983. Resolution seconded by Councilwoman Swenson. The following voted in favor: Acting Mayor Geving, Councilman Horn, Councilwomen Swenson and Watson. No negative votes. Motion carried AWARD OF BIDS, MOTOR GRADER: Three firms submitted bids for new and used graderS-at bids-ranging from $60,783.00 to $94,978.00. Councilwoman Watson moved to accept the low bid from Ziegler, Inc. in the amount of $60,783.00 for a used 1981 Catepi1lar Model 120G Grader with trade-in, new tires and rims. Authorize City Staff/Juran and Moody to enter into negotiation for the sale of an equipment certificate of Council Meeting November 21, 1983 -2- indebtedness. Motion seconded by Councilwoman Swenson. The following voted in favor: Acting Mayor Geving, Councilman Horn, Councilwomen Swenson and Watson. No negative votes. Motion carried MINUTES: Councilman Horn moved to note the October 12, 1983, Planning COmmission minutes. Motion seconded by Councilwoman Watson. The following voted in favor: Acting Mayor Geving, Councilman Horn, Councilwomen Swenson and Watson. No negative votes. Motion carried I Councilwoman Watson moved to minutes. Motion seconded by favor: Acting Mayor Geving, Watson. No negative votes. note the October Councilman Horn. Councilman Horn, Motion carried 26, 1983, Planning Commission The following voted in Councilwomen Swenson and ZONING ORDINANCE AMENDMENT DESIGNATING MEMBERSHIP OF BOARD OF ADJUSTMENTS ANDAPPEALS:- ---- - ----- Don Ashworth - The ordinance in front of you is as you had requested it to be-drafted. It selects a three person board. That board can be composed of anyone you select. The one area that we did not put in the ordinance and I would ask that you consider, is the powers of the board. That the board, basically, would have the right to approve or deny an application. Any denial could be then submitted back to the City Council and you would act as an appeal board. Hopefully, it would reduce the number of applica- tions that you have coming in front of you. If the Council wished to have the board submit all controversial items. Hopefully, it could reduce a number of them that typically are approved or very straight forward. Councilman Horn - I think one of the criteria we could be used is whether I they receive-unanimous approval by the Board of Adjustments and Appeals. Anything that didn't get unanimous approval would come to the Council. Coun~ilwoman ~we~son - That's a good suggestion. Af!~~ Mayor Gevl~~ - I think, too, it would require the Chairman of this board to use good judgment to determine those issues that would be somewhat controversial and even though they could get a unanimous vote of the board have the feeling that maybe this should be elevated for the full Council to review. I, too, think whoever is the Chairman would have to take that responsibility and exercise good judgment rather than just being a rubber stamp. Councilwoman Swenson - I would think that it would be perhaps prudent for lhe-Ghalrman to advise the people that they do have the right of review by the Council and then it be referred to the Council posthaste. ~~~ Mayor Gev~~ - The other thing that I was thinking, having served on the Board of Adjustments and Appeals, that any time there is less than the three member quorum there should not be a meeting. That would be one of the stipulations that I would like have in because in order for you to have tie breaker you need the three people and their judgment and if we weren't able to get three people on the board on any given night we would abandon the board that night. I Councilwoman Watson - I have that circled here because if one member was missrng:-We-have-had that instance and just had two people, but perhaps if this is going to be a final decision perhaps then three people are necessary so that if there is an indecision or conflict or anything it would show up better. Council Meeting November 21, 1983 -3- Acting Mayor Geving - Do any of the members have any strong feelings on the powers of the board in terms of whether or not this three member board would be delegated authority or powers to deny or approve variances. I Councilwoman Watson - I don1t think we are so busy actually. I don't look at it as something that we are just so bogged down that we can't possibly see them. In all honesty I believe we can see everyone of them at this point. I don't think we have held anybody up unnecessarily. When you come in with a variance you are asking for something that doesn1t fit in with the zoning in the first place and so you are automatically asking that it's going to take a little time. Councilwoman Swenson - I tend to agree with Carol but I am willing to go along with the other. I guess my problem is it does delay if they have to request to review. I don't want to get bogged down by staff, for instance if they do have a request for review by Council I don't want it to take two or three weeks to get here in order to get this over with because I don't think that is fair. At the same time, I have difficulty saying that it's held it up that long because I don't think it really has. I Acting Mayor Geving - Up to now we have received very good administrative assistance. I don't know of a single evening that the board has met when Bob hasn't been here and recording the minutes of that and also providing notes back to the Council the following week. So we have gotten that kind of administrative assistance from that office and I assume we will continue to get that. What do you think about the possibility of a substitute member. Let's say that we designate three members and for some reason one becomes ill for an extended period of time. That's the designated member but we haven't made any allowance for substitution, would that be a problem? Don Ashworth - Roger Knutson's office does have a problem. If you are selecting a person you have to select that person. I know that in the past we have had alternates. In talking with Roger he is concerned in an instance like that especially if there would turn out later some type of a court contest as to what was or wasn't done. There should be a singular person assigned to that singular position. Councilwoman Swenson - In other words if you didn't have three members at these meetings they wouldn't be able to meet. I Don Ashworth - Well, they could meet with two. Acting Mayor Geving - That was one of the ground rules that I felt was necessary that if you are going to give this board certain powers to deny or approve variances and it1s a three member board, I think it's very important that there be three members present. Councilwoman Watson - When we had three people who were willing and eager to serve we had not had difficulty getting those three people together because I remember, I served as an alternate actually, although I did it all because Walter it was a night he could not attend, there were always three people there. Acting Mayor Geving - I just have one other question and that is the creation of this board and again, this is a Board of Adjustments and Appeals, I assume it reports directly to the Council and is appointed by Council Meeting November 21, 1983 -4- the Council and as such members can be selected and do we want to do that tonight? We have with us this evening Willard Johnson. I think Willard has been serving as the Chairman of the Board of Adjustments and Appeals I for about twelve years. Willard Johnson - I was appointed in 1969 but I didn't become Chairman until about 1973. Act~ Mayor §~~~ - I guess the question I would ask you now is would you still be interested to serve on such a board as we devise this evening? Willard ~Q~nson - If you want me to. Councilwoman Swenson - It was the concensus at the last meeting that you (Acting Mayor~Tng) and Carol would serve. Act~ Mayor Geving - I would be happy to serve. This would only be a short term appointment until January. Councilwoman Swenson - As long as we are only going to appoint to the first of the year why don It we just go ahead with this as it stands and in the interim let's refine some of these things we have been discussing tonight so that the first of the year we can amend the ordinance and know specifi- cally what we want to do. Acti~ Mayor §evin~ - You are talking about an interim arrangement. Councilwoman Swenson moved to approve the ordinance amendment with the I understanding that after the first of the year we will give consideration to points raised this evening regarding the power of the board, the right of appeal to the Council, etc. Motion seconded by Councilwoman Watson. The following voted in favor: Acting Mayor Geving, Councilman Horn, Councilwomen Swenson and Watson. No negative votes. Motion carried Councilwoman Swenson moved to appoint Willard Johnson, Councilman Dale Geving, and Councilwoman Carol Watson to the Board of Adjustments and Appeals. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Geving, Councilman Horn, Councilwomen Swenson and Watson. No negative votes. Motion carried Willard Johnson - What was the feeling on an alternate? Acting Mayor §~~ - I think that the discussion centered around the City Attorney's comments that an individual must be selected to serve on the board and I get the impression from that that you either are selected or not and there is no provision for an alternate. This could be sticky and it could be a very difficult thing for us if we do have one of us members that becomes ill or for some reason can't serve and a hot issue comes up and we only have two members. I think at that point the City Council could designate another individual at the very next meeting or a quick decision over the phone if it became that urgent. For right now there is only three members designated. - ----- Don Ashworth - I will reverify that. I Acting ~ayo~ Geving - It would be nice if we had one alternate that could be called upon. I I I Council Meeting November 21, 1983 -5- Don Ashworth - It has worked well before. I will see if there is any way that we can work around this. RECONSIDERATION OF SWIMMING POOL FENCING ORDINANCE: Councilman Horn ~This came up-ãs a Council Visitor Presentation at the last meeting-ãnd as procedure allows we could not take action that evening. It is for a reconsideration. If the Council feels so moved they could move to reconsider this this evening. It sounded like there may be a few new pieces of information although I didn't see anything new in here was what we heard last time and that being I think the only thing that I heard new was there was one instance apparently when there was a lost child and an animal fell in a swimming pool. As far as I am concerned that's the only new information that we had. Apparently that information was not made available to the Planning Commission when they acted on it. Acting Mayor Geving - I got the impression from reading your comments last week that there was a certain amount of new information. I was not aware of a lost child or a deer apparently drowned in a swimming pool so that to me was new and I guess the question tonight is whether or not the Council wishes to reconsider this item. Don Ashworth - This item does require submittal back to the Planning Commission if you wanted to go forward. If you would take no action, the previous action would stand. Councilwoman Watson - I would make a motion to reconsider. Councilwoman Swenson - I will second the motion. Acting Mayo~ Geving - The motion has been made and seconded to reconsider this for-dTscussion purposes. Councilwoman Watson - Actually what we talked about was the fencing of below ground pools, not where the pool is to be placed on their lot, how many feet from here and whether it is in the side yard or the back yard and all that, I don't think any of us wanted to get involved in where the patio was and where they wanted a swimming pool. There is consideration men- tioned for variance if you do have land constraints or cover or something that would constitute as good a cover as a fence that that then could be considered to be adequate so that if for instance you had real thick shrub- bery or something that certainly no child would pass through around the yard or pool area then you wouldn't also need an eight foot fence on the other side of your shrubbery or whatever or if the pool was out in the middle of a 40 acre plat of ground and someone would have to walk a con- siderable distance to get near it, well, maybe then a fence would not be needed. In residential areas on a standard size lot that then there would be a requirement to protect people. Councilwoman Swenson - This particular ordinance I concur with Carol. Dick ~ - When we looked into this and looked at the pools in the City, ~above ground pools basically protected themselves as long as the steps were removed. We are talking strictly below ground pools. In back of your packet is a hand written page and we had a public meeting on that with pool owners present and after reviewing all the different ordinances we sat down and hashed out what we felt was a reasonable simple very straight forward answer to the problem. That was a very simple fencing ordinance and we Council Meeting November 21, 1983 -6- were in fact quite a bit more liberal in the grandfathering portion. That hand written one was the one that was submitted to the City Manager for forwarding to the Planning Commission. We assumed the Planning Commission I would research the background of this particular ordinance, why it was there and what was the need for the fence. Apparently this request and the fire department request never got forwarded to the fire department. That's how it all originated after the drowned deer and the lost child incident in Minnewashta Heights. That ordinance is about as simple as we could make it and it strictly refers to the fencing of below ground pools with a gate and a means to lock it. Councilman Horn - You are making the assumption that any above ground pool is going to-removable steps? Dick ~~~ - No. That's not an assumption, it certainly could be in there. Councilwoman ~wenson - Above ground pools take care of themselves. Councilman Horn - I am looking at the logic and it makes sense to protect the safety õr-people. What are safety hazards and is this safety hazard any worse than other safety hazards. I am thinking of docks that children can wonder out on, there are unprotected hot tubs that people are capable of being drowned in, there are cliffs that people can fall over. I am trying to put this in perspective of a real satety issue more so than some of the other safety issues that we might have and I am having trouble understanding why this particular thing might be singled out as being less safe than some of the other natural things that are around. Councilwoman Swenson - I think from my standpoint, the only argument I can present-,n-ravor-~fencing below ground pools is that it is conceivable, particularly at certain times of the year, I don It think I am as concerned about the summer time as I am in the winter time when the ice is more dangerous. I concur with Carol that a cover might work as well. I agree with you. I think docks are extremely dangerous. I worry about mine all the time. I think ponds are dangerous. With a pond, in most cases~ you have a graduated incline and the same way with a lake whereas with a swimming pool you do not and I guess if I were to have an inground pool myself I would certainly want a fence from the standpoint of protection for anybody. This is my only concern. If we can save one youngster from falling into a pool or even an animal I think it is certainly worth con- sideration. Af!~~ Mayor Gev~ - I think one problem I have with anything that we try to impose on the citizens after the fact is what do we do with the existing pools. It is always difficult to go back to an owner of something and try to retroactively direct them to do something different. In this case I have a little bit of a problem especially depending upon the time of year. Owners of existing pools shall have 180 days from the effective date of this ordinance to comply with the fencing provisions. I think that's farily restrictive and I am not so sure that I really am very much in favor of that. I can see that on all new construction possibly. I don't know how many pools we are talking about in the City of Chanhassen. Did you make a survey of this? Dick W"ing - We did an unofficial survey. We just tried to pick the pools in the areas because there is very few of them. Galpin Blvd. was one of them, it's isolated. Minnewashta Heights was one. Several in the downtown I I I I I Council Meeting November 21, 1983 -7- area. The ones that we were worried about were the one in Minnewashta Heights and then one right across Melody Hill Road near the West Junior High School which is where the deer drowned. Both those were considered public nuisance by the Sheriff's Department. Other than that it is very limited. There are very few pools that are not fenced. Acting Mayor Geving - Do any of the Council Members have any direction that we might want to give to the Planning Commission, how this might be reacted to when we see it again, possibly some direction to them on our feelings pro or con for the ordinance. Councilwoman Swenson - I would like to have them consider the use of a pool cover, particularly in the winter time. I would be just as comfortable if the pool was covered in the winter time as I would be with a fence. I agree that while it is a problem with pools that are grandfathered in I think since we are really, we are not arbitrarily restricting something because we don't like the size or shape of it we are doing it strictly for the safety and general consideration of the youth of the community, I guess that I wouldn't have any problem with the requirement of having it done. One pool left undone can do as much, actually it might just be the one that some youngster might fall into. Councilwoman Watson - What is a reasonable length of time? Acting Mayor Geving - We always seem to have problems with these kinds of things. Fencing, the next question will come in is what kind of fencing qualifies as fencing, woven wire fencing, wire fence, board fence. We will get into all kinds of debate on that I can assure you. Councilwoman Watson - The Public Safety Commission did define it as non- corrosive material. It shall be constructed so as not to be easily climbed. All fence openings or points of entry into the pool area shall be equiped with gates or doors. Acting Mayor Geving - The one thing that's missing though and that's their neighbors aesthetic view and that's very important. The thing that we get into more trouble with is what the neighbors view when they look out their back window and the view that they used to have is now a fence eight feet ta 11 . Councilwoman Swenson - I can't see personally any reason to have anything higher than a four foot fence. Acting Mayor Geving - At this time I would like to take a vote on the reconsideration of the swimming pool fencing ordinance. All in favor say aye. Councilwoman Swenson - Aye. Councilwoman Watson - Aye. Acting Mayor Geving - Opposed? Councilman Horn - Aye. Acting Mayor Geving - Aye. It is deadlocked at two to two. Motion failed. Council Meeting November 21, 1983 -8- BILLS: Councilwoman Watson moved to approve the bills as presented, Checks #014959 through #015020 in the amount of $769,959.20 and Checks #019471 through #019563 in the amount of $191,351.07, Check #015046 in the I amount of $4~674.78 and a check to the Carver County Treasurer in the amount of $99,780.00. Motion seconded by Acting Mayor Geving. The following voted in favor: Acting Mayor Geving, Councilman Horn, Councilwomen Swenson and Watson. No negative votes. Motion carried. Councilman Horn requested that the Council receive a running total of what is spent on attorney's fees since the City has changed Attorney's. Councilman Horn requested that the Council receive justification for the purchase of large items such as a word processor. Acting Mayor Geving suggested that these items be placed on the Council agenda. GRADING PERMIT APPLICATION, JEFF DYPWICK: Bill Monk~cussed his reporr-Gf November 17, 1983, and recommended appro- val of the permit request. Jeff Dypwick - What I really want to do is stop a lot of the erosion that's õCcurred over a long period of time. It's obviously a very deep ravine and it1s eroded back on my property and what it really has done is cut my pro- perty in half. What I would like to do is 1) stop the erosion and 2) give myself some access on the other half of the property. The way it is right now it would be very difficult to travel from one piece of the property, the westerly piece to the easterly piece, and stay on my property without going down a very deep ravine. Councilman Horn - Would it be seeded then or something done to it? Jeff Dypwick - Yes, eventually. Right now it is straight down and it's exposed clay that nothing would grow on both because of the fact that there is no top soil there and the fact that the grade, there is no way to hold. ~~ Mayor Gev~ - How are you going to control the clean fill that goes in there? I Jeff Dypwick - There is a gate that goes across there and I live very close. Mr. Ingram will continue to dump. Councilwoman Swenson - I had one call before the meeting which disturbed me quite a bit. I understand allegedly even all the admonitions that were given that there was some of the verboden material being dumped down there and that you were aware of this. My question is, why wasn't there an imme- diate halt made to this? Bill Monk - There was a immediate halt. There was four loads of concrete that were dumped down there. The permit was just for earthen material. As soon as I was called there was a halt put on the filling. Those four loads were hauled away and filling was allowed to continue. Basically, this is the only instance that I am aware of and I have been down there at least 50 times during the course of the summer. I believe that that was basically a I miscommunication because in a fill ing operation concrete and blacktop are not always forbidden. They are good fill material but the Council and I did recommend that that not be put in there. It was an honest mistake and the material was hauled away and was not left on the site and for that reason they were allowed to continue filling. I I I ~ Council Meeting November 21t 1983 -9- Councilwoman Swenson - Allegedly it is being dumped and covered and I guess I am distressed about this. I guess we have had so many problems with this for so long and I fear that this is going to exaggerate the situation. Bill Monk - I guess I am fairly excited and disturbed about the calls I have gotten. I have tried to respond to each and every call, every time I did get a call, and go down and check and to the point of jumping over the edge to see, I have walked around it and looked for any traces of material that may have been dumped in there that shouldn't have been dumped in there and I can honestly say that besides those four loads I have never seen any. That's the best I can do. Councilwoman Swenson - Was there at any time a statement made by you that they should cease and desist with the stumps. Bill Monk - That's where we are at right now. I write Mr. Teich a letter basically saying that the material that is in there meets the permit. He should start to cover it with clean fill. Mr. Dypwick then came to me and said he wanted to continue the operation to go around the sides and halt the erosion further into the ravine. I said that if he wished to do that he would have to come back to the Council for expansion of the permit because basically what has been done down there was what is approved, except for the clean fill cover and that's the reason they are here right now. I did not have the authority to allow them to continue. Acting Mayor Geving - I think we have got a real problem here. I get the impression because of the constraints that we placed upon our City Staff to do a diligent job of inspecting this that Bill indicates he has made 50 trips down there, I am sure he is watching that like a hawk. It's costing the City Staff a lot of time and money and effort to continue to watch over this project. I am very reluctant to extend this permit for one full year and let Bill continue to monitor this for a year. I think that's far too long. I think this job, if we continue it, should be done quickly and get done with it once and for all. My personal feeling is that if we do permit this to occur we ought to set a date of early next spring and be done with it. Jeff Dypwick - Have the complaints been by more than one person in our community? Councilwoman Swenson - I have only received it from one. Jeff Dypwick - I would like to make a comment on that. Mr. Halla has been completely negative on the whole thing from the day that I applied for a building permit and Mr. Halla was the one, in fact, that dumped chemicals in that ravine that killed two of Mr. Teich's cattle for which he paid for and ever since that it's been a real big problem with Mr. Halla. It doesn't seem to be with any of the rest of my neighbors and I have talked to deputies that have come down there on calls, numerous calls, and they consider them nuisance calls. The reason that Bill is had to go down there numerous times was because of the calls from one individual. I guess I have a question and I agree with Mr. Geving, the taxpayers should not have to pay for him coming down repeatedly but the question I have, should he have to keep coming down because of one individual in this community calling? Council Meeting November 21~ 1983 -10- Act~ ~yor Geving - This thing has been going on for a year. We know that there was probably one individual that called several of us Council Members and we know who that is, 1et's not continue it. Rod Krass - I am an attorney from Shakopee and I am here with Mr. Dypwick Tonight-and just took the opportunity to ask Mr. Ingram whether or not, in conjunction with the comments you made whether it would be possible to complete the job as quickly as you had indicated you would like to see it done and of course we prefer to see it done as quickly as possible too. He indicates that's is going to be a real problem because it's not a type of fill that you can manufacture. As jobs come along and fill becomes available he can use it and what he has simply just told me is that it is exceedingly improbable that this project can be completed that early. Actin~ ~ayor Geving - I can tell you right now for Council Member's viewpoint on this that I am not in favor of extending this permit forever and one year is just too darn long. We have been at this to long now and if this permit is extended at least in my view, that it would be limited. Whether or not you can find the fill to fill it with, Mr. Ingram, that's your problem. We just can1t afford to spend Mr. Monk's time on this one pro- ject. We have lots of projects in Chanhassen. I Rod Krass - We don It want to see any of the time wasted either. I know a year sounds like a long time but what we are really talking about is a construction season and from this point until March or so we are not going to see much in the way of fill and consequently what you are suggesting really is limiting. If we could talk in terms of that construction season when the probability of getting fill coming in is more realistic then I that's something that can be worked with. ~~ ~gram - Not only that, but road posting comes on in the spring. ~ctin~ ~ayo~ Gev~ - That is a point. Councilman Horn - Is Mr. Ingram the only one who can fill this site? -----~ -- Jeff Dypwick - Yes. I feel he is a responsible individual and a responsible contraCtor-and what we request him to dump in there will be dumped in there. Councilman Horn - My feeling too is that I would like to see this area improved. r-think this will be a great improvement but I concur with Dale. We have been working on this thing for a year, year and a half and I think we need to get it wrapped up. I hate to see it drag on. That's my only concern with this. I do support the continuation of the fill program. Bill Monk - I guess I am the one who isn't too excited about continuing maintenance on this thing but after reviewing it basically as an improve- ment to the property, I think that it is something that I would commit to at least one more construction season. If the Council wanted the permit to expire at that point, fine. It wouldn't be for a full year. It would maybe go through October or November 1st and go through one more cycle to I try and get the thing cleared up. I am sure that things will continue to be a little bit rocky but I do see this as a benefit to the property. ~~~ May~~ Gev~ - I would concur that maybe we should go through the construction season~ maybe possibly to September 30th and that's it. I I I Council Meeting November 21, 1983 -11- Councilwoman Watson - I was just so looking forward to this being over with. I wasn't pleased with the way that it came out the first time. I never wanted to cover up what we covered up before. I do think that it is going to be a case of we are going to have to keep watching it as long as it's going to be happening we are going to have to keep running down there and looking. Acting Mayor Geving - Do you have any feeling for the $2,000 bond? Councilwoman Watson - I think there should be something in case we need to end up cleaning this up. Acting Mayor Geving - Do we have an escrow? Bill Monk - When Mr. Teich came in we worked basically as an escrow. He ~up-a-1arge performance bond to complete the work. I guess I am viewing this permit as basically a separate grading permit, not a continuation of the same one but one submitted by the new owner to slope the property. I put the bond in this nominal amount of money so that should the work stop in any portion with exposed stumps or whatever and there was a problem with at least getting it just covered, that the City would have something and I am not looking for the sizeable bond that was put in place before. I am just trying to come to grips with what the City can do with this type of thing, that the PCA isn't going to back us up and really held us with what happened last time, and I am just trying to handle this as another grading permit. The problem is going to come up again and again because there are a lot of ravines down in the rural area of Chanhassen and a lot of them get dumped in occasionally. The one by Bluff Creek Golf Course is one that we are going to have to come to grips with soon. Councilman Horn - How long has this filling been going on, previous fill? Bill Monk - The permit was complete in February. Dumping started in April arM aY:- Councilman Horn - What I was wondering is, if it's feasible to get 8,000 which is roughly double the amount of fill that's already in there. Is that feasible in the time frame that we are looking at? Bill Monk - It will be tough with basically one approved hauler to get that much material in in one season, I guess it depends upon how much work Mr. Ingram gets and how much he can do. Councilman Horn - That1s the trouble I am having in justifying why Mr. Ingram is t~nly one who can do this project. It seems to me that if we put on a tighter restriction on the time period and get two or three people hauling to comply with this and get it over with. Bill Monk - This does help me a little bit in that Mr. Ingram calls me every-rTme he is dumping. I then know he is dumping and I go down and inspect while the operation is in progress. This makes overall inspection a little bit easier. I have one person responsible. He is that much more responsible because he knows that if something goes wrong he is going to have to take care of it and it works out a little bit to my benefit in that respect but it does slow things down. Council Meeting November 21, 1983 -12- Councilman Horn - I think Mr. Dypwick made a good point when he said he is thë-one-fhat-rTves next to it. He is going to have a real interest in what goes in there. It's his well that is sitting down there. I would like to see it get done with sooner. Acti~ ~yo~ Geving - I would like to ask Mr. Dypwick, is our condition of $2~OOO on a bond to be posted, unreasonable? Jeff Dypwick - Mr. Ingram would post a bond. Acting Mayor Geving moved to approve a grading permit as requested subject to the following conditions: 1. Fill material, not to exceed 8,000 cubic yards, consist only of clean fill and earthen material such as stumps, branches, and brush with a final two foot of cover consisting entirely of clean fill. 2. Permit expires on September 30, 1984. 3. The gate system be maintained to prevent unauthorized dumping. 4. Free access be accorded City Staff to allow for proper monitoring. 5. The owner or contractor be required to post a minimal $2,000 bond with the City to ensure compliance with the conditions and that when the filling is completed (even if the ultimate plan is never achieved) that the finished product is properly covered, graded, and stabilized. 6. If at any time, any materials other than those which have been approved are found to be dumped that this permit will be immediately be r~oked and the bond would be forfeited. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Geving, Councilman Horn, Councilwomen Swenson and Watson. No nega- I tive votes. Motion carried. I BLUFF CREEK DRIVE RAILROAD SIGNALS: The City Engineer stated he has not heard anything-new-r€garding the installation of the signals. 201 PROGRAM: The City has approved a financing agreement with Carver County-That-the County would do temporary financing and the City will have the option to decide what it wants to do with permanent financing. Bids will be opened November 30th. The Council will see this at their second meeting in December. A motion was made by Councilwoman Watson and seconded by Councilwoman Swenson to adjourn. The following voted in favor: Acting Mayor Geving, Councilman Horn, Councilwomen Swenson and Watson. No negative votes. Motion carried. Meeting adjourned at 9:20 p.m. Don Ashworth City Manager I