1978 10 02
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REGULAR CHANHASSEN CITY COUNCIL MEETING OCTOBER 2, 1978
Mayor Hobbs called the meeting to order at 8:00 p.m. with the following members present:
Councilmen Pearson, Neveaux, and Geving. Councilman Waritz came at 8:15 p.m. The
meeting was opened with the Pledge to the Flag.
APPROVAL OF AGENDA: Councilman Neveaux moved to approve the agenda as presented with
the addition of Glenn Mattson drainage problem and status report on Cermak IS. Motion
seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen
Pearson, Neveaux, and Geving. Nonegattve votes. . Motion carried.
M-JARD OF BIDS - DAKOTA AVENUE AND EAST HIGHWAY 5 FRONTAGE ROADS:
RESOLUTION #78-57: Councilman Pearson moved the adoption of a resolution accepting
the low bid of Brown and Cris, Inc. of Eden Prairie in the amount of $289,865.70
for the East Highway 5 Frontage Roads Improvement Project 78-5. Resolution seconded
by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux, and Geving. No negative votes. Motion carried.
PUBLI C HEARING
1979 CITY BUDGET INCLUDING REVENUE SHARING ALLOCATIONS
Mayor Hobbs called the hearing to order at 8:15 p.m. with the following persons present:
Craig Mertz, Box 216, Chanhassen
Don Chmiel, 6970 Tecumseh
Jack Kreger, 7606 Kiowa
Frances Jacques, 308 Chan View
Al Klingelhutz, 8601 Great Plains Blvd.
O. F. Iverson, 223 Chan View
Sharon Gagnon, 7508 Erie
Vern Zetah, 7500 Erie
Ivo Schutop, 302 Chan View
LEGAL: The City Attorney reques tedan tncreasei n the basic hourly rate from $35.00
to $40.00 for budget items and $60.00 for non-budget items. Council members discussed
the possibility of hiring a full time city attorney at some future date or combining
with another community. A fee of $40.00 an hour for budget items and $50.00 an hour
for non-budget items was suggested. The City Attorney will study the proposal and
report back to the Council at the next meetiTIg.
DISEASED TREE PROGRAM: The proposed budget will remain as presented by the City Manager.
FIRE DEPARTMENT: Jack Kreger, Fire Chief, was present to discuss several items that
the fire department is requesting.
Hurst Tool: The price of a Hurst"Toolis approximately $5,500. It was suggested that
this item could be budgeted under Revenue Sharing at a future date.
Salariès for Officers: The fire department has requested a total of $2,925 fn
salaries for officers. It was suggested that compensation could possibly be at a
graduated hourly rate depending upon the position. The fire department should analyze
the salary request for a future Council Agenda for possible inclusion in the 1980
Budget.
POLICE DEPARTMENT: The proposed budget will remain as presented by the City Manager.
Councilman Neveaux moved to close the public hearing. Motion seconded by Councilman
Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,
Geving, and Waritz. No negative votes. Hearing closed at 9:15 p.m.
MINUTES: Councilman Pearson moved to approve the September 11, 1978, Council minutes.
Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs,
Council Meeting October 2, 1978
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Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion
carried.
Councilman Neveaux moved to approve the September 18,1978, Council minutes. I
Moti on seconded by Council man Geving. The foll owi ng voted in favor: Counci 1 men
Pearson, Neveaux, and Geving. Mayor Hobbs and Councilman Waritz abstained. Motion
carri ed.
Counci 1 man Neveaux moved to approve the September 25, 1978, Counci 1 minutes .
Motion seconded by Councilman Pearson. The following voted in favor: Mayor
Hobbs, Co unci 1 men Pearson, Neveaux, \.Jari tz, and Gevi ng. No negati ve votes. Motion
carried.
Councilman Neveaux moved to note the September 13, 1978, Planning Commission minutes.
Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs,
Council men Pearson, Neveaux, Waritz, and Gevi ng. No negati ve votes. Mati on carri ed.
Councilman Geving moved to note the September 27, 1978, Planning Commission minutes.
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 the September 5,
minutes. Motion seconded by Councilmen Neveaux.
Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz,
Motion carried.
1978, Park and Recreation Commission
The following voted in favor:
and Geving. No negative votes.
ASSESSMENT REVIEW REQUESTS - ERIE, CHAN VIEW, AND WEST 77TH STREET IMPROVEMENT
PROJECT 75-11: I
MRS. NORBERT JACQUES - PARCEL 57-0: Mrs. Jacques objected to an ass"essment
for water service to her property. The Engineer explained that the property
was not previously served with water. No change was made in the assessment.
W. H. PAULY - PARCEL 43-0: Mr. Pauly was assessed 140 feet of frontage on
Frontier Trail in Project 75-4 and feels he should not be assessed frontage of
Chan View. Mr. Pauly has recently subdivided his property into Lots land 2,
Block 1, Pauly's Addition. The existing home on Lot 1 has changed its access from
Frontier Trail to Chan View. The Council felt that Chan View side of the property
should be considered for half assessment as the Frontier Trail Project assessed
full frontage. Now that the property has been di vi ded, the Engineer recommended
that an additional 20 feet of frontage be assessed along Frontier Trail to bring
both lots into compliance with the criteria used in assessing Project 75~4;
Councilman Geving moved that Lots 1 and 2, Block 1, Pauly'sAddition front on
Frontier Trail for assessment purposes which would include adding 20 feet of
frontage assessment to both lots. Lot 1 will be assessed half frontage on Chan
View on Project 75-11. Motion seconded by Councilman Neveaux. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No
negative votes. Motion carried.
JAMES F. SCHNEIDER - PARCEL 40-0:
GEORGE P. SHORBA - PARCEL 44-0: Both owners feel that since they were assessed
frontage for curb and gutter on West 78th Street they shoul d be assessed sideage I
for street and curb and gutter on this project. The Engineer recommended they
be assessed sideage for curb and gutter. However, since access from both lots is
to Erie and neither was previously assessed for street, he recommended that both
parcels be assessed street frontage on Erie.
Councilman Geving moved to accept the Engineer's recommendation charging full
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Council Meeting October 2, 1978
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street assessment on Erie Avenue for the Schneider and Shorba parcels and sideage
for curb and gutter. Motion seconded by Councilman Neveaux. The following voted in
favor: Mayor Hobbs, Counci lmen Pearson, Neveaux ,Waritz, and Geving. No negati ve
votes. Motion carried.
TIM GAGNON - PARCEL 259 COil: The Gagnons disagree with their frontage measurement.
The Engineer agreed to meet with the property owner to explain how the cul-de-sac
was measured. No action was taken.
OLE IVERSON - PARCEL 42-0: The Iversons complained about the cost of the assessment.
The Engineer has rechecked the assessment and found it to be correct. No action was
taken.
IVOSCHUTROP ;. PARCEL 59-.0: . The'sewèr lâ·teral was il1sta11edoffofWestT7th Street
tö Mr.Schutrop,' s property., . He requested a letter from tneucHy stating that the
lateral will serve Lot 7. . The Engineer agreed to give him the requested letter.
No action was taken.
WEST 79TH STREET WATERMAIN, STREET, CURB AND GUTTER PROJECT 77~4:
DONALD HANUS - PARCEL 27-0: The Engineer has revised the assessment roll to include
a 11 of the Hanus property wi th in hi s fenced area.
DANIEL KLINGELHUTZ- PARCEL 30-0:
F. J. KURVERS - PARCEL 28-0: Councilman Pearson moved to assess on the basis of
100% assessment for Daniel Klingelhutz, Parcel 30-0 and F. J. Kurvers, Parcel 28-0,
properties with the Klingelhutz and Kurvers Street Assessments deferred for five
years or until the property is developed or sold, whichever is first to occur, as
shown on the Engineer's Exhibit 2 with report dated September 28, 1978. Motion
seconded by Councilman Neveaux. The foll owi ng voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, and Geving. Councilman Waritz voted no. Motion carried.
EAST LOTUS LAKE PROJECT 75-10:
LENA OFSTIE - PARCEL 4 DO: This property has been assessed two units and Mrs. Ofstie
feels one should be deleted. The Engineer recommended that the assessment remain
and that Mrs. Ofstie be sent a senior citizens deferment applicàtion. The Council
took no further action.
FRONTIER TRAIL PROJECT 75-4:
EDWARD HJERMSTAD - PARCEL 12-0/14: RESOLUTION #78-58: Councilman Neveaux moved the
adoption of a resolution· that the Ci'ty extend a deferment to the Hjermstad property
on the foll owi ng bas is: That 50% of the outstanding assessment be deferred until the
property or any portion of the property is sold or developed with interest running
on the amount of the full assessment from the time of the adoption of the original
assessment roll. Resolution seconded by Councilman Waritz. The following voted in
favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative
votes. Motion carried.
NORTH AREA SEWER AND WATER I MPROVEMENT PROJECT 71-1 :
JOHN T. HIGGIN - PARCEL 246 DO: Mr. Higgin is protesting the sewer and water
assessment against Lots 3, 4, 5, 6, and 11, Block 5, Red Cedar Point as the property
is approximately three-fourths under water and not buildable.
Councilman Pearson moved to table action on this until the Council visits the property
and a recommendation from the City Engineer is received. 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 October 2, 1978
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CERTIFICATION OF DELINQUENT '1978 SEl1ERAND WATER BILLS: Mr. James Schneider was
present to protest the dèl inquentsewer and water bill against his property at
220 West 78th Street. The property was rented out and unbeknown to Mr. Schneider
the bills were not paid. He feels he should have been notified by the City
that the bills were not being paid prior to the certification notice.
Mr. Don Chmiel was present to question the city policy on billing properties that
are not connected to sewer and water. He felt he had acted in good faith by
paying his SAC Charge and permit fee for water in August 1977. ,Heàcceþted a bid
for the' ins tall ati or) of sewér and 'water in September 1977 bUt' the contractor di d
not make the eonnection until September 1978. Mr. Chmiel feels he should not have
to pay sewer and water charges prior to his hooking to the city utilities. The
Council advised Mr. Chmiel that this problem is between Mr. Chmiel and his
contractor.
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RESOLUTION #78-59: Counci lman Geving moved the adoption of a resol ution certifying
to the County Auditor the delinquent sewer and water utility bills as recommended
by the City Manager in his October 1978 memo~andum to the City Council. Resolution
seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion
carried.
CONDITIONAL USE PERMIT - DAVE ADAMS, PLATING SHOP: Mr. Adams is requesting approval
to establlsh a platlng shop ln the Hanus BUlldlng at 510 West 78th Street. The
Planning Commission recommended the Council grant a conditional use permit subject
to an approval letter from the State PCA. The Assistant City Planner recommended that
the Council approve the request of Diversified Plating and direct staff to prepare
a conditional use permit which specifically includes provisions that require the I
applicant to receive the approval of the Metropolitan Waste Control Commission
on their industrial SAC application, that noise eminating from the operation be
within the standards as adopted by ordinance, and that the operation expel no
obnoxious odors to the surrounding properties.
Councilman Neveaux moved to approve the request for Diversified Plating and direct
staff to prepare the conditional use permit as outlined in the Assistant City
Pl annerl s report of September 28, 1978. Mot i on seconded by Council man Wari tz.
The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz,
and Geving. No negative votes. Motion carried.
LOT DIVISION - WALTER CLEVELAND, MURRAY HILL: Mr. Cleveland is requesting approval
to subdivide portions of Lots 23 and 24, Murray Hill Addition, into two single
family lots. He is also requesting a variance to Ordinance 33 to convey the land
by metes and bounds description. The property presently has one sewer and water
lateral and trunk unit assessed.
Councilman Pearson moved to approve the Cleveland subdivision request as indicated
in the Assistant City Planner's letter of September 28, 1978, conditioned upon
the Attorney reviewing the survey that was received October 2, 1978. One sewer and
water assessment will be placed on the lot. Motion seconded by Councilman Neveaux.
The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz,
and Geving. No negative votes. Motion carried.
CONSENT AGENDA: Mayor Hobbs asked if any Council member wished to discuss any I
items on the consent agenda. As no additional comments were received, Councilman
Neveaux moved to accept the consent agenda as recommended by the Ci ty Manager.
a. Minnewashta Woods and Sunnyslope Addition, Ordinance Rezoning to P-l.
b. Lyman Lumber, Preliminary Resolution approving $1.5 million I.R.S.
RESOLUTION #78-60
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Council Meeting October 2,1978
Motion seconded by Councilman Pearson. The following voted in favor:
Couhcilmen Pearson, Neveaux, Waritz,ahd Geving. No negative votes.
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Mayor Hobbs,
Motion carried.
1979 BUDGET: Councilman Waritz moved to adopt the' 1979 Budget. Motion seconded by
Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux, Waritz, and Geving. No negative votes. Motion carried.
RESOLUTION #78-61: Councilman Waritz moved the adoption of a resolution levying
property tax collections for the year 1979 in accordance with the budget as approved.
Resolution seconded by Councilman Pearson. The following voted in favor: Mayor
Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion
carried.
Councilman Neveaux moved to adjourn. Moti on seconded by Counci lman Geving. The
following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving.
No negative votes. Motion carried. Meeting adjourned at 12:45 a.m.
Don Ashworth
Ci ty Manager