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1978 09 05 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING SEPTEMBER 5, 1978 Acting Mayor Neveaux called the meeting to order at 7:35 p.m. with the following members present: Councilmen Pearson, Geving, and Waritz. Mayor Hobbs came late. APPROVAL OF AGENDA: Councilman Geving moved to approve the agenda with the following additions: Change public hearing date for Diseased Trees and Status of Sign Ordinance. Motion seconded by Councilman Pearson. The following voted in favor: Acting Hayor NeveaùX, Councilmen Pearson, Geving, and Waritz. No negative votes. ~otion carried. PUBLIC HEARING CHASKA ROAD WATERMAIN IlœROVElillNT PROJECT (Formerly Ches-Mar Drive) Acting Mayor Neveaux called the public hearing to order with the following interested persons present: Clark Horne, 7608 Erie Avenue Curt Robinson, 202 West 77th Street Frank Reese, 6400 Chaska Road Bill Swearengin, 6250 Chaska Road Robert Sommer, 6239 Chaska Road Richard Nicoli, 2280 Melody Hill Road Margaret Findley, 226 Chan View Robert and Dolores Arnan., 2250M~lody Hill Road Wally and Normap.et€rsQ0,~; 22t!-OMélody Hill Road John Gleason, 6285 Chaska Roàd Russell Larson Bill Brezinsky Mayor Hobbs came at 8:40 p.m. As a part of the Council consideration of the Sommer subdivision and the Sweiger subdivision, staff had notàd that public water should be considered and be available to these properties. Mr. Gleason is now building a home in the Sweiger subdivision. The Council ordered this public hearing to determine general support or opposition to this project. The feasibility study includes extending a six inch watermain along Chaska Road from Melody Hill Road north to the Shorewood City line. At a future time this line could be extended' to connect to the line in Melody Hill Road. The total estimated cost of construction and all related costs is $29,702. A total of twelve units could be assessed at a unit cost of $2,475. In addition, since this area was furnished trunk sewer with the North Service Area and these units were deferred, on the issuance of a building permit or upon connection, an additional charge of $380 plus seven percent interest from the date of the original assessment in 1973 would be levied. for a total cost of $2,915 per unit. Richard Nicoli - You mentioned a return line that would make a circle to Melody Hill Road. Bill Brezinsky - We prefer to have all our lines looped. That gives added dependability and also gives better circulation. What we are showing here is a dead end line. That means the water will sit in the line and it has to be flushed periodically by opening up a hydrant which releases the water and cleans the line. What w~wQBld propose is hhat in the future when subdivision of the Sommer's property comes through, I think it will be to the benefit of this land to extend this water line and connect it to Melody Hill Road. Council Meeting September 5, 1978 -2- Councilman Neveaux - Don't we have a dead end now on the north end of Murray Hill? Bill Brezinsky - Yes. Councilman Neveaux - Isn't it closer to go from Murray Hill Road over I .to Chaska Road? Bill Brezinsky - It would be closer but there would be absolutely no benefit to anybody. There would be no lateral benefit. This would be strictly a cost that would have to be paid for out of the trunk fund. Bill Swearengin - Have you considered the possibility of just running the water up to Lot C? Bill Brezinsky - There is that possibility, yes. You are talking of a higher cost because of the smaller project. Frank Reese - It is our intent not to develop' that at this time. There wouldn't be any benefit to us to have this water line. What you are asking for is to put about 1,000 feet of line in there when there is an immediate need for say 300 feet. Bill Swearengin - We have no intent to split ours or develop any of it right now. Robert Sommer - How do you assess this? Would this be a deferred assessment? Mayor Hobbs - It would be an immediate assessment. Councilman Neveaux - It would not be assessed until 1979, payable in 1980. Robert Sommer - What would the cost be to extend the line to Murray Hill? Bill Brezinsky - That cost would be approximately $10,000 and in that $10,000 we are talking about acquiring easements. Robert Sommer - Have you been in contact with Shorewood as to what their plans are. Bill Brezinsky - For the last six years we have been talking to them about getting these lines looped and apparently there is no interest. I Councilman Pearson moved to close the public hearing. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Hearing closed at 8:20 p.m. CHASKA ROAD WATERMAIN Il1PROVElmNT PROJECT 78-7: RESOLUTION #78-45: Councilman Pearson moved the adoption of a resolution approving the watermain extension from Melody Hill Road north on Chaska Road (300 feet) to the end of Lot C of the Sweiger subdivision terminating at a hydrant. The Engineer is authorized to prepare plans and specifications and advertise for bids. Lateral lines to serve Lot F will be an alternate bid. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. MINUTES: Amend Resolution #78-40 in the August 21, 1978, Council I minutes as follows: Councilman Geving moved the adoption of a resolution rejecting all bids submitted for the North Lake Susan Watermain, Phase I Project. Resolution seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. I I I Council Meeting September 5, 1978 -3- Councilman Pearson moved to approve the August 2l, 1978, Council minutes as amended. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. Councilman Neveaux moved to note the August 23, 1978, Planning Commission minutes. l1otion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. Councilman Pearson moved to note the August 24, 1978, HRA minutes. seconded by Councilman Geving. The following voted in favor: Mayor Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. carried. Motion Ho b b s , Motion Councilman Geving moved to note the August 10, 1978, HRAminutes. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. Councilman Pearson moved to note Study Committee minutès. Motion following voted in favor: Mayor and Geving. No negative votes. the August 10, 1978, Community Facilities seconded by Councilman Waritz. The Hobbs, Councilmen Pearson, Neveaux, Waritz, Motion carried. ERIK AVENUE :... PETITI0NTfJDEl,ETECONGRETE.GURB;A,ND GurrER:;:.ThEbBity has receiveàapetition.réqùesting the deletion of concrete curb and gutter on the north portion of Erie Avenue and replacing it with asphalt. RESOLUTION #78-46: Councilman Neveaux moved the adoption of a resolution accepting the City Manager's recommendation #3 in his memorandum dated September 5, 1978, approving street widening and asphalt curbs to the property in question and the work to be completed in 1978 at a cost of approximately $13.72 a foot. Resolution seconded by Councilman Geving. The following voted in 'favor: ,Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. ERIE AVENUE, WEST 77TH STREET; CHAN VIEW CURB AND GUTTER, STREET, AND STORM SEWER PROJECT 75-11: '.' i", FREDERICK R. COULTER - PARCEL 12-0/13B: Councilman Pearson moved to accept the Engineer's recommendation of September I, 1978, for Frederick R. Coulter, Tax Parcel 12-0/13B, that the assessment be reduced by $391.44. Motion seconded by Councilman'Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. JOHN V. KEELER - PARCEL l2-0/13A: Councilman Neveaux moved to accept the Engineer's recommendation of September 1, 1978,for John V. Keeler, Tax Parcel 12-0/13A, that the assessment be reduced by $1,230.24. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. DONALD SCHMIEG - PARCEL 48-0: Councilman Geving moved that with respect to Tax Parcel 48-0 that there be no change in the proposed assessment roll based on city policy. Motion seconded 'by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. Council Meeting September 5, 1978 -4- DONALD SCHMIEG - PARCEL l2-0/l: Councilman Pearson moved that with respect to Tax Parcel l2-0/1 that there be no change in regard to frontage based on city policy but that the assessment be reduced by $445.34 for curb and gutter. Motion seconded by Councilman Geving. I The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. IVO SCHUTROP - PARCEL 59-0: Mr. Schutrop feels that the placement of the sewer and water services are incorrect as he wanted them on Frontier Trail. He also wants a senior citizens deferment. The City has not received the completed papers from Mr. Schutrop. Councilman Neveaux moved that with respect to Tax Parcel 59-0 that there be no change in the location of the sewer and water stops. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. VERNON ZETAH - PARCEL 259 CO: Councilman Neveaux moved that with respect to Tax Parcel 259 CO that there be no change in the proposed assessment roll. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. LOUISE FENGER - PARCEL 12-0/18: Councilman Geving moved that with respect to Tax Parcel 12-0/18 that the assessment be based on 90 lineal feet of frontage at $13.72 a foot. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen I Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. HAROLD LUND - PARCEL 259 CO/I: Councilman Pearson moved that with respect to Tax Parcel 259 COIl that the assessment be based on 130 lineal feet of frontage at $l3.72 a foot. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. CLARK HORN - PARCEL 12-0/6: Councilman Neveaux moved that with respect to Tax Parcel 12-0/6 that the assessment for storm sewer Area A be reduced by 2,400 square feet and Area B be increased by the same amount. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. CURTIS ROBINSON - PARCEL 12-0/1B: Councilman Neveaux moved that with respect to Tax Parcel 12-0/1B that 3,980 square feet be assessed in Area A and 8,686.67 square feet be assessed in Area B. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. BARBARA HAl1ILTON - PARCEL 52-0: Mrs. Hamilton complained about the restoration. This will be handled at another time. I GLADYS SCHUEREN - PARCEL 12-0/1A: Councilman Waritz moved that with respect to Tax Parcel l2-0/1A that storm sewer Area A be decreased by 2,450 square feet and Area B increased by the same amount. Motion seconded by Councilman Pearson. The following voted in favor: Mayor I I I Council Meeting September 5, 1978 -5- Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. ROBERT KAHL - PARCEL 50-0/4: The Engineer received an assessment review form today from Mr. Kahl questioning his storm sewer area. The City Engineer will review the property. RESOLUTION #78-47: Councilman Pearson moved the adoption of a resolution approving the Erie Avenue, West 77th Street, Chan View Curb and Gutter, Storm Sewer and Street Improvement Projects 75-11 and 77-3 Assessment Roll as amended this evening. The assessments will be spread over ten years at 7% interest. Resolution seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, ,Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. SHORE ACRES SANITARY SEWER PROJECT 77-2: JOHN SKRANKA - PARCEL 308 COil: Councilman Pearson moved that, the actual cost of acquiring the right-of-way easement ($2,500) be assessed against the following Tax Parcels on a square foot basis: 305 CO - Edward & L~ Siebenaler 306 CO -' BenjaminE. & P. Swenson 308 COIl: - John &: G1adYª-;:Ski:anka 356 CO - Robert & Doris Rogers 308 CO - Robert & Doris Rogers the other costs to be re-assessed over the entire project as part of the street restoration. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. DONALD HEATH - PARCEL 382 co: Mr. Heath is not satisfied with the restoration. The contractor has been directed to complete the restoration to Mr. Heath's satisfaction. EUGENE SUSEMIHL - PARCEL 387 CO/I: Mr. Susemihl is not satisfied with the restoration. The contractor has been directed to complete the restoration to Mr. Susemihl's satisfaction. GEORGE DE WITT - PARCEL 380 co: Mr. DeWitt is not satisfied with the restoration. The contractor has been directed to complete the restoration to Mr. DeWitt's satisfaction~ RESOLUTION #78-48: Councilman Neveaux moved the adoption of a resolution approving the Shore Acres Sanitary Sewer Improvement Project 77-2 Assessment Roll as amended this evening. Resolution seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving~ No negative votes. Motion carried. WEST 79TH STREET WATERMAIN, STREET AND CURB AND GUTTER PROJECT 77-4: DANIEL KLINGELHUTZ - PARCEL 30-0: Councilman Pearson moved that this area be assessed on an area and Daniel Klingelhutz, Tax Parcel 30-0, be assessed 100%. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving. Councilman Waritz voted no. Motion carried. FRANK KURVERS - PARCEL 28-0: No action .w8$taken. -This item will be discussed at the next Council meeting. DONALD HANUS PARCEL 27-0: The Engineer noted an error in the assessment for Tax Parcel 27-0. The area should be 77,963 square feet instead of Council Meeting September 5, 1978 -6- 36,626.5. This would lower the Kurvers assessment by about $3,IOO. RESOLUTION #78-49: Councilman Neveaux moved the adoption of a resolution approving the West 79th Street Watermain, Street, Curb I and Gutter Project 77-4 Assessment Roll as amended this evening. The assessments will be spread over five years at 7 percent interest. The Council will discuss this further on September 18, 1978. Resolution seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Geving~ Councilman Waritz voted no. Motion carried. INDUSTRIAL BOND APPLICATION - LYMAN LUMBER: RESOLUTION #78-50: Councilman Geving moved the adoption of a resolution accepting the Industrial Bond Application of Lyman Lumber and suggesting that the City Council approve the Industrial Bond Issue in the amount not to exceed $1,550,000 for the first phase of development on their property on the north side of Highway 5 with the designation that the City Attorney and Staff work together on the Memorandum of Agreement and whatever else is necessary to make this binding. Resolution seconded by Councilman Neveaux. The following voted in favor: Councilmen Pearson, Neveaux, Waritz, and Geving. Mayor Hobbs voted no. Motion carried. METROPOLITAN TRANSIT COMMISSION - PASSENGER SHELTER PROGRAM: MTC representative, Gayle Kincannon was present to discuss the shelter program. There are three possible sites for a shelter) Dakota Avenue, American Legion, and Highways 169-212. The remainder of the agenda will be considered on Monday, September I 11, 1978, beginning at 7:00 p.m. Councilman Neveaux moved to adjourn. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Meeting adjourned at 12:00. Don Ashworth City Manager I