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1978 11 06 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING NOVEMBER 6, 1978 Mayor Hobbs called the meeting to order at 7:00 p.m. with the following members present: Councilmen Pearson and Neveaux. Councilman Waritz came late. Councilman Geving was absent. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: Councilman Neveaux moved to approve the agenda with the addition of Diseased Tree Program. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Neveaux and Pearson. No negative votes. Motion carried. PUBLIC HEARING SOUTH LAKE RILEY SANITARY SEWER EXTENSION Mayor Hobbs called the hearing to order at 7:10 p.m. The purpose of this hearing is to consider the extension of sanitary sewer across; a) the four lots between Lake Riley Blvd. and Kiowa, or b) to include sanitary sewer on Kiowa. The City Engineer presented the feasibility study for the two project. His estimate reflected a total cost of $8,494 for alternate A or a cost per home of $3,085. The total cost of alternate B was estimated at $51,511 or $3,823 per home. The difference between the two alternatives is the additional costs of street restoration. Councilman Waritz came at 7:15 p.m. The hearing was opened for comments from persons present. . John Bel). - Did you look at thefeÇl.sibility of running right down along tµe lakeshore all the way through and getting easements across as an alternative? Bill Brezinsky - Yes, we did. The problem is that if you run along the lakeshore you serve the lots along the lake you also have to have a line along the road. You are looking at almost double the length. The other alternative was if you ran along the lake and ran some sort of services up to these lots over here or manholes and we did look at that and the cost was more. John Bell - Under alternative B did you include, do you spread the cost of the road against those other four lots in alternative A? Bill Brezinsky - No, we didn't. It is the city policy to assess the abutting properties for the streets that they front on. Kathy Dockendorf - We are the second lot in on those four. Why couldn't the road come back in to Pemrick's? They would be the last house on Kiowa Trail. Bill Brezinsky - That's a possiDility. It could be looked into as part of this project. The city does not have the right to go in there and put in a public road right now. If these property owners would get together and dedicate that property for the right-of-way to the city, the city would probably consider extending the road to serve those properties. The cost of that would be assessed back. Ron Setter - A year ago when we talked about the Lake Riley Blvd. sewer being put in there was some comments about dry water pipes being put in, I would like to know where we are with that and why it hasn't been figured into this cost. Bill Brezinsky - When the road was restored this time we would be restoring it to about a 20 foot width which is existing. ~fuen the Council Meeting November 6, 1978 -2- water pipe goes in in the future the road would be widened to a 28 foot city standard street. To answer I your question as far as why we haven't considered putting the dry water pipes in, in this feasibility study is, we did consider that on the Shore Acres Subdivision and they were not installed there so that's one more gap between you and the existing water on Highway 5. Before water service is available to either of these areas it has to come down from Chanhassen Estates area down to Shore Acres which will require some development in between there and then it would have to go through Shore Acres which would require a public hearing so it looks like, I would say it's at least five years off right now. Jo King - Could you possibly define a unit and tell us upon on fact that you use to base those units? Bill Brezinsky - We counted the units as basically an existing platted lot or the unplatted metes and bounds described lots that we consider buildable. Mayor Hobbs - All we are showing you here is a sketch of which way the sewer would flow, a tentative place for the manholes, these are not the plans and specifications. John Bell - Over what period of time are these charges to the paid? Mayor Hobbs - That would be determined at the time of the assessment hearing. Normally we have been looking at a 15 year I assessment. John Bell - What kind of interest rate? Mayor Hobbs - That depends on what the bond sale would go for. John Bell - What did the last one go for? Mayor Hobbs - The interest rate was 7%. Mayor Hobbs - As most of you realize this whole area down around Lake Riley is not involved in any comprehensive plans that the city has for sewer, water and street improvement. The Shore Acres project was done because of a majority petition of the homeowners. At the time we held a public hearing we included your area and a majority did not want it. Because of the uniqueness of this type of a public improvement project the Council elected at that time to stop the project where we did. I think had it been in the north area we would have finished it. Since we have completed the Shore Acres the property owners have come in and again requested that we take a look at sanitary sewer so we are now asking you people if you want us to take a look at it to go further on in. The costs do continue to go up. At some point in time the sewer will go through. The question that we have tonight is how many of you are in favor or how many of you still don't want it. Fran Heille - We did not request and we are one of the four. Mayor Hobbs - The public hearing is here for you to express your opinions and the one thing we haven't heard are opinions on whether you want the project or you don't. John Bell - Go ahead with it. Ron Setter - Is there any sly things happening back in a corner about these roads being tied through with this plan that you are I I I I Council Meeting November 6, 1978 -3- presenting to us right now with this feasibility study? Last year we talked about it and I guess some how convinced we did not want the roads tied through. We still do not want them tied through. Bill Brezinsky - Absolutely not. Unless we present it here this can't happen. Ron Setter - The only other question I've got is when you get a definite area where the manholes are going I would like to know because one of them is on our beach. Other than that we are for it. Sam Suhl - We are one of the newer residents out in the area. When we moved into our house in 1975 or 1976 I know in checking with City Hall we were told that city water and city sewer would probably be in the area of ten years away, for this reason basically I am opposed to the plan. Robert McCart - We just built a home a couple years ago and I am opposed to it. Mrs. Peter Pemrick - We are in favor of the plan. Peter Pemrick - Mainly because we are building now and we have to make a decision to put a septic system in or city sewer. Lee Mosman - I am for the project. Mrs. John Heille - If we go for alternate B we would vote yes. If it's alternate A only we would vote no. Mrs. Ted Dockendorf - No for alternate A. Yes for alternate B. Susan Luker - No. Barry Bershow - Yes. Arthur Bandimere - Undecided. What I am interested in, if this goes up there, I came up twice this summer, I was thinking of finishing that proposed plat that we had there or maybe sell it, I was wondering if this went through, if that was developed up there would that connect those same lines? Bill Brezinsky - You would have to run another line. The system would take considerably more. Councilman Neveaux moved to close the public hearing and that the record be held open until the next Council meeting to receive written comments. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Hearing closed at 8:10 p.m. AWARD OF BIDS - CHASKA ROAD WATERMAIN PROJECT 78-7: Five bids were received on this project with the low bid from Burschville Construction Company of Loretto in the amount of $8,438.00. RESOLUTION #78-64: Councilman Neveaux moved the adoption of a resolution accepting the low bid of Burschville Construction Company for the Chaska Road Watermain Project 78-7 in the amount of $8,438.00. Resolution seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. MINUTES: Arbor Lane stop sign and lift station screening, Hibbert Hill will be on the next Council agenda. Councilman Pearson moved to approve the October 16, 1978, Council minutes. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Neveaux. Councilman Waritz abstained. Motion carried. Council Ueeting November 6, 1978 -L~- Councilman Neveaux moved to note the October 25, 1978 Planning Commission minutes. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. I RESIDENTIAL BUILDING PERMIT REQUEST, CARVER BEACH - JIM HAUPLMAN: The City Building Inspector had asked the City Attorney for an opinion on the question; is the building office obligated to issue a building permit for parcels meeting city ordinances, but being contrary to the Carver Beach Plan? The City must either purchase that access that the city would potentially take away in the case of a trail system or allow the individual to build. Staff recommended that Mr. Hauplman be allowed to build with access to Huron. Mr. Hauplman is proposing to create two lots that abut Carver Beach Road and Huron. Due to the terrain along Carver Beach Road,access would have to be from Huron which is proposed to be a trail in the Carver Beach Plan. Sewer and water is in and assessed. Councilman Neveaux moved to table action until November 20th and request the City Manager set up a meeting with the Council and property owner to view the property. Motion seconded by Councilman Pearson. The following voted in favor: Hayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. RESIDENTIAL BUILDING PERMIT REQUEST - RICHARD ROSSING: }ir. Rossing was present requesting approval of a building permit to construct a garage on the north % of Lots 1982, 1983, 198!~, 1985 and 1986 in I Carver Beach with access to Laredo Drive. The Carver Beach Guide Plan shows Laredo Drive as a trailway. Councilman Neveaux moved to table action until November 20th and request the City Manager set up a meeting with council members and the property owner to view the property. liotion seconded by Councilman Pearson. The following voted in favor: ~iayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. }iotion carried. CABLE SERVICE TERRITORY, NORTHERN CABLEVISION: RESOLUTION #78-65: Councilman Waritz moved the adoption of a resolution that the City of Chanhassen, as an adjacent municipality, does not object to the within proposed CST. The City of Chanhassen takes no position at this time on the merits of the proposed CST. The City of Chanhassen, as an adjacent municipality, provisionally approves the proposed CST, in order to fulfill the requirements of approval or disapproval, and requests that it be kept informed of all the proceedings relating to the establishment of the proposed CST or any modification thereof. Resolution seconded by Councilman Neveaux. The following voted in favor: liayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. REZONING REQUEST, BRUCE CAMERON, 6291 BLUE JAY CIRCLE :. Mr. Cameron is seeking rezoning from R-l to R-2 for a duplex he owns at 629l Blue I Jay Circle. The Assistant City Planner recommended that the council uphold the R-l classification. This recommendation is conditioned upon a city attorney's opjnion to the effect that the duplex in existance can remain as a duplex unless it is significantly damaged or destroyed necessitating major repairs or reconstruction. The Planning Commission recommended the council rezone the property to R-2. I I I Council Meeting November 6, 1978 -5- Mr. Cameron - The thing was sold to me as a legal duplex. I think it is a little strange that things have gotten messed up so much. I have got a piece of paper here that says it's a legal duplex and it also shows a double assessment on it. It was sold to me as a legal duplex and I have been under this assumption for three years now and it was a legal duplex when I bought it, it should have been the same when I sold it. Russell Larson - It is a legal duplex in the sense that it can be continued to be used as a duplex subject, however, to the provisions of our non-conforming use section of the Zoning Ordinance. This happens to be a letter of November 3, 1975, from Jerry Schlenk advising as to the assessments against the property, discussing the SAC charges and necessity for plumbing permits, etc. and he ends saying this dwelling is registered with the city as a legal duplex. It doesn't refer to the zoning. In Jerry's sense of the word, it is a legal duplex and we assume it to be a unit that can be used for two families because we gave it two assessments. As it now stands under the zoning ordinance it is a non-conforming use. You can sell it. You can give it away. You cannot enlarge it. If it is destroyed beyond a certain amount it cannot be reconstructed as a duplex unless you get a zoning change. Mr. Cameron - That hardly makes it marketable. If the guy is buying a duplex he is also buying it because of the income that it's providing. Councilman Pearson moved to deny the request for rezoning and allow the continuation of a non-conforming use at 6291 Blue Jay Circle subject to the provisions of the Zoning Ordinance. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux. and Waritz. No negative votes. Motion carried. CONDITIONAL USE PERMIT, DEAN DEGLER - TElfPORARY MOBILE HOME: Mrs. Degler was present requesting approval to place a temporary mobile home on their farm located near the intersection of Galpin Blvd. and Audubon Blvd. Several months ago the Deglers requested permission to construct a permanent residence for their son on this parcel. The Carver County Highway Department has plans for the construction of a new intersection of Galpin Blvd. and Audubon Blvd. with construction to be completed around 1981. Due to the uncertainty of the alignment of this intersection, the Degler's requested that they be conditionally permitted to provide a temporary residence in the form of a mobile home for their son and his wife who are presently living in the Degler residence. The Planning Commission recommended a conditional use permit be granted to the Deglers to provide a temporary residence for their son in the form of a mobile home subject to the following conditions: 1. That the temporary structure be at least 20' from any existing buildings. 2. That the septic system meet all Health Department standards. 3. That the conditional use be terminated within one year after completion of the improvements on the intersection. The City Manager recommended denial of the request. Councilman Neveaux moved to deny the conditional use permit for a temporary mobile home and request city staff meet with Pat Murphy to resolve the issue of the road alignment. Motion seconded by Councilman Council Meeting November 6, 1978 -6- Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. DEVELOPMENT PLAN REVIEW, PHASES II AND III, HESSE FARM: Mr. Hesse I is proposing to subdivide phases II and III of the Hesse Farm into 28 residential lots. A variance is request to Ordinance 45 to permit the subdivision and platting of land in the unsewered area. The Assistant City Planner recommended that if the Council approves the preliminary development plans that the following conditions be setforth: 1. That final development plans be reviewed in light of a response from the insurance service's offices concerning the overall effect of the development upon the fire classification ratings for the city. 2. That a development contract be drafted that consigns the responsibility for maintenance of the interior streets to the developer. 3. That a development contract be drafted that delineates the variances to ordinance, including lots abutting private streets, street grade, cul-de-sac length, resubdivision plan and platting and subdivision in an unsewered area. 4. That a development contract be drafted which provides for better construction of interior streets than is found in the first phase, and also requires the developers to prepare plans and specifications necessary for the installation of roads and storm and surface water drainage facilities with said plans to be approved by the City Engineer. The City Engineer gave his report of November 2, 1978. Trunk sanitary sewer service will not b.e. .avai..lable to .this proper.ty in the foreseeable I future. City water is not contemplated for the area for some time. The cost of a well and pump house to serve this area would cost approximately $40,000. The watermain system would cost approximately $54,376. This would probably be a higher cost than individual wells. The street alignment is dictated by the topography. One access is proposed to serve the 21 lots. The Engineer suggested that the developer provide a second access street or at least an emergency access road. He further suggested two seal coat applications on the streets. The Council expressed concern about a second access road. Frank Burg, representing the Hesse's, explained that an emergency access road could be provided and built to a 9-ton capacity. Councilman Pearson moved to approve Phases II and III of the Hesse Farm preliminary development plan with the understanding that this is an exception to the normal roll based on the fact that Phase I had been approved prior to the moratorium and subject to the conditions setforth in the Assistant City Planner's report of November 3, 1978. The developer will install an emergency access road sufficient to support emergency vehicle loading with an easement granted to the City. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor HObbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. SPECIAL MEETING - CANVASS ELECTION RETURNS: Councilman Neveaux moved to hold a special meeting Thursday, November 9, 1978, at 6:00 p.m. to canvass election returns. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. I I I I Council Meeting November 6, 1978 -7- DISEASED TREE PROGRAM: Policies for removal of trees and reimbursement under the program if they fall within the 20 day period were discussed. Mal MacAlpine had 28 trees marked and he tried to have them taken down within the 20 days but ran over slightly. The City Manager made the Council aware that Mr. MacAlpine may be an exception to the program as far as the 20 days. CONSENT AGENDA: Mayor Hobbs asked if any Council Member wished to discuss any items on the consent agenda. It was requested that item a. Set Public Hearing date - Fill Permit Aþplication; item b. Authorization of payment, final consultive services, Ehlers and Associates; item c. Animal Licensing, Suspend late fee penalty for 30 days; and item g. Proposed 208 Water Quality Plan be discussed separately. As no additional comments were received, Councilman Waritz moved to approve the following items pursuant to the City Manager's recommendations: d. Accept Sanitary Sewer and Watermain Installation, Trolls Glen 2nd, 3rd, and 4th Additions. e. Set Public Hearing date - Street Vacation Request, Arboretum Drive, University of Minnesota. January 15, 1979. f. Order of Removal, Hazardous Building, 6660 Opal, Carver Beach. h. Development Contract, Ecklund and Swedlund East Lotus Lake Residential Development. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. FILL PERMIT APPLICATION - PROPERTY OWNERS ADJACENT TO HILL STREET: Wesley Arseth, John Melby, and John Segner have applied for a fill permit to fill a portion of each one of their lots located on the south side of Lotus Lake. The Riley-purgatory Creek Board of Managers have reviewed the plans and determined that a grading and land alteration permit will not be required from the watershed district but suggested that the city include two conditions if the project is approved. 1. Erosion control measures, such as staked hay bales and snow fence, should be installed in the drainageway on the Arseth property to prevent sediment from leaving the latered areas and entering Lotus Lake. Erosion control measures should be installed prior to commencement of land alteration and should remain in place until the altered areas on the site have been restored. 2. All altered areas should be restored with mulch and seed or sod within two weeks from the commencement of land alteration. The City Manager recommended that the Council hold a public hearing and formally notify property owners in the area and invite their comments prior to final approval. Councilman Waritz moved to notify adjacent property owners of the fill permit application which will be on the Council Agenda for November 20, 1978. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. AUTHORIZATION OF PAYMENT, FINAL CONSULTIVE SERVICES, EHLERS AND ASSOCIATES: Councilman Neveaux moved to accept the City Manager's recommendation of November 3, 1978, in regard to the Ehlers and Associates billing in the amount of $262.50. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. Council Meeting November 6, 1978 -8- ANIMAL LICENSING, SUSPEND LATE FEE PENALTY FOR 30 DAYS: Councilman Waritz moved to accept the City Manager's recommendation to delete late fee I penalty from November 1st to November 30th, 1978. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative votes. Motion carried. PROPOSED 208 WATER QUALITY PLAN DEVELOPMENT GUIDE: No action was taken. Councilman Pearson moved to adjöurn. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, and Waritz. No negative vote8. Meeting adjourned at 11:15 p.m. Don Ashworth City Manager I I