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1977 05 02 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING MAY 2, 1977 Mayor Hobbs called the meeting to order at 8:00 p.m. with the following members present: Councilmen Neveaux, Waritz, and Geving. Councilman Pearson was absent. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: A motion was made by Councilman Waritz and seconded by Councilman Neveaux to approve the agenda as presented the addition of discussion on MTS. The following voted in favor: Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative votes. Motion carried. with Mayor MINUTES: Councilman Geving moved to approve the April 18, 1977, Council minutes as presented. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative votes. Motion carried. Councilman Waritz moved to note the April 20, 1977, Planning Commission minutes. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative votes. Motion carried. ERIE, WEST 77TH STREET, AND CHAN VIEW STREET IMPROVEMENT PROJECT 75-11: Bill Brezinsky gave a report on the results of the bid opening held April 19, 1977. The low bidder is West Suburban utility Contractors, Inc. of Eden prairie in the amount of $91,693.00. This bid is $300.00 less than the engineer's estimate. He recommended the Council award the contract to West Suburban Utility Contractors, Inc. Several residents were present. Paul Rojina expressed concern that these streets will look like Pleasant View Road after one winter. The City Engineer explained they expect to have a certain amount of settlement over the winter and for that reason they do not put on the final wearing course. RESOLUTION #77-19: Councilman Neveaux moved the adoption of a resolution awarding the bid in the amount of $91,693.00 to West Suburban Utility Contractors, Inc. of Eden Prairie as per Engineer's recommendation of April 25, 1977. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative votes. Motion carried. t?eso/«.f;o," Æ~>c-IµoeD. . WELL #2 MAINTENANCE PROPOSALS: The City has received proposals for maintenance construction at Well #2. The costs are estimated from $900-$2,000. This would not include the cost of repairs that may be found. The project would be funded from the Water Expansion Fund. A motion was made by Councilman Neveaux and seconded by Councilman Waritz to approve the proposal from Bergerson-Caswell, Inc. for repairs to Well #2 and authorize this be paid out of the Water Expansion Fund not to exceed$5,ODO + 10% as per the City Manager's recommendation of May 2, 1977. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative votes. Motion carried. ERIE, WEST 77TH STREET, AND CHAN VIEW STREET IMPROVEMENT PROJECT 75-11: Jerry Neher presented a petition signed by 25 property owners requesting concrete curb and gutter be installed instead of the 3 inch asphalt that was bid. Council Meeting May 2, 1977 -2- Councilman Neveaux moved to rescind Resolution 77-19 awarding the contract for Project 75-11 to West Suburban utility Contractors, Inc. in view of the petition presented to the Council and the obvious desire of the citizens to change a portion of the I specifications. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative votes. Motion carried. Mr. Neher will try to secure more names on the petition and present it to the Council on May 9. A motion was made by Councilman Neveaux and seconded by Councilman Waritz to table awarding of the bid until the May 16 Council meeting. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative votes. Motion carried. BLUFF CREEK DRIVE STREET IMPROVEMENT: The City has received a petition from owners along Bluff Creek Drive asking for three things: 1. Lower the speed limit to 20 MPH. 2. Post IIno through trucks II. 3. To oil or seal coat the gravel surface. The City Manager sent out a questionnaire to all property owners along Bluff Creek Drive asking what type of street improvements should be made and if they were willing to pay the cost of such. The general response was that if road improvements are made this will increase traffic. Control or limiting traffic appears to be more of a concern than the dust created by the neighborhood traffic. The petitioners feel that the present state aid designation should I be removed. The City Manager felt that before the City could consider removing this from the state aid system it should be considered what other road could be designated as a state aid road. The Planning Commission should review that type of request from the City Council. Several residents were present. The City Manager was instructed to request the Police Department patrol the street. Residents suggested speed bumps be installed to slow the traffic. Councilman Neveaux moved to refer this to the Planning Commission and ask them to review it and make a recommendation to the Council as quickly as possible. The City request the State to complete a traffic study to evaluate the speed limit situation. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative votes. Motion carried. CRESTVIEW DRIVE WATERMAIN: Several residents were present. At the last Council meeting owners along Crestview Drive presented a petition for extending water to Crestview Drive. The Council tabled action to this meeting to allow the Attorney to review the petition and for the Engineer to prepare a feasibility study and prepare a notice for the newspaper. In reviewing the petition the Attorney I noted that one owners names is missing. Additionally, Crestview Drive has not been officially deeded to the City. A public hearing is required to establish the right-of-way for the street as well as installing the water. R¿.>o/c<t;O(\. 1'1- f:J.. Councilman Neveaux moved to hold a public hearing on May 23, 1977, I I I -3- council Meeting May 2, 1977 at 8:00 p.m. to consider the necessity of acquiring the needed right-of-way for the project and to consider the necessity ofins~a11ing watermains on crestview Drive. Motion seconded by Councilman Warltz. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative votes. Motion carried. The Council noted that one of the property owners was presently without water and that the engineering work should be expedited as quickly as possible to insure that water service, if found to be feasible, could be provided as quickly as possible. LUTHERAN CHURCH OF THE LIVING CHRIST - DONATION: Mr. Robert Haak, President of the Lutheran Church of the Living Christ, presented a $100.00 check to the City in appreciation for services rendered, such as, snow plowing, fire and police services. He requested that the $100.00 go to the fire department. The Council thanked Mr. Haak for the money. LOT 12 AUDITOR'S SUBDIVISION #2: Gene Coulter was present requesting that the City remove the debris and dead trees from the creek as agreed to in the easement agreement. He also requested rock be put on the road to keep it from washing away. Mr. Coulter would like a letter from the City stating what is going to be done and when. The City Manager will have the Maintenance Superintendent contact property owners to decide what will be cleaned up. ROY TEICH: Mr. Hesse, Realtor, and Roy Teich were present. Mr. Teich wants to sell five acres of his property along a private road. Mayor Hobbs stated that the Council is considering a six month moritorium on building in unsewered areas of the City and couldnötguarantee that building would be allowed after the six months. PARK ACQUISITION AND DEVELOPMENT·ORDINANCE: At previous Council meetings the Council had asked for additional information in reducing the density from one acre per 100 persons to one acre per 200 persons. This would reduce the cost to $236 for single family home. Councilman Geving moved to place the proposed ordinance on final reading for the May 16 meeting. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative votes. Motion carried. CLARIFICATION OF ORDINANCES 45 AND 33-B MORITORIUM ON BUILDING PERMITS IN UNSEWERED AREAS: This was placed on first reading at the last Council meeting. There appears to be some discrepancies between Ordinance 45 and 33-B.and additionally seem to be in conflict with State Laws. Staff recommended an interim ordinance temporarily prohibiting construction and development within the unsewered areas of the City be adopted for a six month periqd. During this time the Planning Commission would review the entire development ordinance and determine whether or not the City should consider allowing divisions of land and buildings in the unsewered areas of the City. The City Attorney prepared an interim ordinance for Council approval. Councilman Neveaux moved to table action on the interim ordinance until May 9, 1977. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative votes. Motion carried. Council Meeting May 2, 1977 -4- CHANHASSEN LAWN AND SPORTS - CONDITIONAL USE PERMIT: Bernie Hanson was present. Staff met with Mr. Hanson to try to resolve the stipulations of the conditional use permit. No conclusions were I reached. Mr. Hanson has not complied with the provision. to screen the storage shed. Staff recommended the Council take action authorizing the City Attorney to proceed with prosecution of this use if the screening is not completed. Mr. Hanson stated he would agree to screen the area by using a redwood lath type of material in the metal fence. Councilman Waritz moved to table action on this until June 6, 1977, or if the work is completed prior to that date this will not be an agenda item. Mr. Hanson will repair the fence, install the redwood slats and generally clean up the area. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative votes. Motion carried. HANUS DEVELOPMENT PLAN - WEST 79TH STREET: John Williams, Architect, and Don Hanus were present. Mr. Williams presented a revised plan suggesting minor changes to the original approved plan. These consist of eliminating the cold storage building, reducing the length and height of the building and preserving a 40 foot right-of-way for future road on the north edge of the property. Staff recommended approval of these revisions and suggested the city enter into an agreement with Mr. Hanus to build the complex as proposed. I Mr. Hanus suggested a change in the relocation of the display lot due to the location of the overhead doors on the building. Councilman Neveaux moved to authorize the Mayor to signa conditional use permit as drafted and amended by the changes discussed this evening. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative votes. Motion carried. WILCH/BARNES SITE PLAN REVIEW: Jack Barnes and Ed Wilch were present requesting approval to convert a duplex located at 7811 Great Plains Blvd. to commercial. There will be no changes to the outside of the building. Asphalt driveway and parking area will be installed. Councilman Neveaux moved to instruct the Building Inspector to issue a building permit for the remodeling of the structure provided the owners either post an escrow deposit for the asphalt driveway and parking area or construct the driveway and parking area prior prior to the issuance of a building permit as per the Engineer's letter of April 27, 1977. Motion seconded by CDunci1man Waritz. 'The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative votes. Motion carried. I , .,-.- I I I Council Meeting May 2, 1977 -5- HUNTINGTON PARK SUBDIVISION: Mr. Huntington is requesting approval to re-subdivide a portion of Lots 33, 34, 35, and 36, Minnewashta Park into two building lots. The preliminary plat shows all easements and required. Staff recommended approval of the subdivision. Councilman Geving moved to approve the final plat of Huntington Park as presented subject to the Planner's report of April 21, 1977. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative votes. Motion carried. A motion was made by Councilman Geving and seconded by Councilman Waritz to adjourn. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, and Waritz. No negative votes. Motion carried. MeetiZ2u~ned {j~~ Don Ashworth ' ~ City Manager