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1977 06 06 I I I 1- REGULAR CHANHASSEN CITY COUNCIL MEETING JUNE 6, 1977 PUBLIC HEARING ERIE, CHAN VIEW, AND WEST 77TH STREET CONCRETE CURB AND GUTTER 7:00 p.m. Mayor Hobbs called the public hearing to order with the following members present: Councilmen Pearson, Neveaux, and Waritz. Councilman Geving came at 8:10. The following interested persons were present: Mrs. Robert Meuwissen, 201 West 77th Street Mr. and Mrs. Dean Burdick, 206 Chan View John Jeurissen, 205 Chan View Robert Kahl, 203 West 77th Street Curtis Robinson, 202 West 77th Street Gerald Neher, 205 West 77th Street Mr. and Mrs. Wayne Anderson, 204Chan View Dwight delancey, 7505 Frontier Trail Tom Hamilton, 224 Chan View Lee Hjermstad, 7617 Frontier Trail John Keeler, 304 West 77th Street Frances Jacques, 308 Chan View Donald Schmieg, 7704 Erie Earl McAll ister, 7510 Erie Paul Rojina, 220 West 77th Street Fred Coulter, 7616 Frontier Trail Russell Larson Bi 11 Brez ins ky expl a ined the proposed project. The additional cos t, us ing concrete curb and gutter, would be $2.99 a foot. The purpose of this public hearing is to consider amending the bid to include concrete curb and gutter or keep the present bid for asphalt curb. Fred Coulter - What is the total cost per front foot with concrete curb and gutter? Bill Brezinsky - Itls about $13.50 a front foot based on the bids that we have received on the asphalt. The street itself is going to cost less than what was presented in the feasibility study because the asphalt bids were less. We are looking at a reduction of about 50¢ a foot for the blacktop. Jerry Neher - This $13.50, you are not including the storm sewer charges in that. Bill Brezinsky - No. That's just for the street and the curb. Lee Hjerms tad - How much woul d it be for asphalt. Who wants the concrete anyway, I don It. We were never approached on signing anything for concrete and we are not for it. Frontier Trail has asphalt and if that's good enough for Frontier Trail, I want the same thing on the other side of my lot. Bill Brezinsky - $10.80 for asphalt. Joanne Meuwissen - My understanding is that now when you build in the city as far as any new roads, that they are all concrete curb and gutter. Wouldn't it be logical that if we are going to get roads now that we should have the concrete? Wouldn't it be a simplification as far as maintaining,a11 through the city? Mayor Hobbs - I don It think there is any doubt about that. The question of cost is what always comes up to the Council. Jerry Neher - I would like to voice my opinion of why we should have concrete. I think all we have to walk along for a two block area on Great Plains Blvd. which has had alphalt curbs for about two years, the corners are knocked off, it is very easily damaged. The $2.99 might seem like a lot of money to us now but those curbs are going to be there for the next 20 - 30 years. In the same period of time we would be City Council Meeting June 6, 1977 -2- replacing the asphalt curbs four or five times. Robert Kahl - I will back Jerry. Curt Robinson - I also agree with Jerry's comments on the concrete curb. Wayne Anderson - I go along with the concrete curb. Dean Burdick - I also go along with concrete curb. Fred Coulter - I can1t afford the $10.80 much less the $3.00 more for the bloody thing. I don1t want the street a'nd when I first came up here I didn1t want a 28 foot street. I argued for a 24 foot street and we got the cons tant thing well it IS in the ordinance and it can It be changed but yet you grant variances to ordinances every day but you won't grant a variance for this condition. I realize itls to late. I am against it. Concrete curb and gutter is great. I have nothing against it. I can't afford it. It's that simple. I am being taxed out of my house and this is ridiculous. I have a two bedroom house. I can I t afford it. Frances Jacques - I am with Fred Coulter. I can It afford it. John Keeler - I understood it would be a 24 foot road. I just moved to Chanhassen. When I went to the post office I said I want to install a mail box. I was told Wes t 77th Street was not on thei r route so actually it's an all eyway. When I look out my front window I see the back of houses which is more or less an all eyway . Don Schmieg - I am not in favor of it just because of the amount of property that I have that fronts on the streets. Councilman Neveaux moved to close the public hearing. Councilman Pearson seconded the mot; on. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Waritz, and Neveaux. No negative votes. Hearing closed at 7:55 p.m. Councilman Waritz left the meeting at 7:55 p.m. The meeting was opened with the'Pl edge to the Fl ag. APPROVAL OF AGENDA: Councilman Pearson moved to approve the agenda as presented. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Neveaux. No negative votes. Motion carried. MINUTES: Councilman Pearson moved to approve the May 23, 1977, City Council minutes. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Neveaux. No negative votes. Motion carried. Councilman Pearson moved to note the May 11, 1977, Planning Commission minutes. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Neveaux. No negative votes. Motion carried. Councilman Neveaux moved to note the May 19, 1977, Community Facilities Study Committee minutes. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Neveaux. No negative votes. Moti on carried. Councilman Pearson moved to note the May 12, 1977, Ecological Committee minutes. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson and Neveaux. No negative votes. Motion carried. I I I I I J City Council Meeting June 6, 1977 -3- ERIE, CHAN VIEW, AND WEST 77TH STREET - CONCRETE CURB AND GUTTER BIDS: Bids were received for concrete curb and gutter. The low bid was from Alexander Construction Company, Inc. in the amount of $24,500.00. Councilmen Geving and Waritz came at 8:10 p.m. RESOLUTION #77-29: Councilman Pearson moved the adoption of a resolution to authorize the project and accept the low bid of Alexander Construction Company, Inc. in the amount of $24,500.00 with the deletion of concrete curb and gutter on West 77th Street between Great Plains Blvd. and Frontier Trail. Resolution seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. HANUS LITIGATION: The City is due in'coUrt on June 17 on the order to show cause. Mr. Hanus will be on the June 20 Count11 agenda with his plans and specifications seeking approval for construction along West 79th Street. The City Attorney asked authority to continue the litigation from June--'7 to July 15. Councilman Waritz moved to authorize the City Attorney to seek a continuance to July 15. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. FENCE - MINNETONKA WEST JUNIOR HIGH SCHOOL: The Manager reported that the School Board is unwilling to pay for one-half of the fencing around the water tower but would be willing to pay the cost of the 50 feet of fencing. The cost to the city would be $920.00. It was suggested that the City Manager negotiate with the school to have the school fence along the south and west edges of the city easement to the water tower thereby not requiring a gate to the tower and at no cost to the city. Councilman Neveaux moved to table this until a further report from the City Manager is received. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. PLANNING INTERN: Councilman Neveaux moved to accept the City Manager's recommendation that the Planning Intern position be established at the beginning rate of $875.00 a month and this be funded through CETA Funding and additionally the City Manager be authorized to purchase the necessary office equipment for that position not to exceed $700.00. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. The Council will periodically review this position along with all other city positions. CRESTVIEW DRIVE WATERMAIN IMPROVEMENT PROJECT 77-1: Several residents were present. Bids were received on the project. The low bid was about 46% over the engineer's estimate. The City Engineer recommended that unless all the people are willing to pay the additional amount, the city delay the project and combine it with another project later in the year. It was suggested that the city solicit bids from smaller contractors for the watermain installation and other contractors for road restoration. Councilman Neveaux moved to table action until June 13 at which time the engineer will report his findings. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. City Council Meeting June 6, 1977 -4- CHANHASSEN LAWN AND SPORTS: Bernie Hanson was present. Mr. Hanson has completed the screening and in the process has enlarged the fenced area to include a door on the buil ding. I Councilman Waritz moved to table action on this until the Council receive~ a report from the fire marshal and building inspector. Motion seconded by Counci lman Geving. The following voted in favor: Mayor Hobbs, Counci lmen Pearson, Geving, Neveaux, and \~aritz. No negative votes. Motion carried. PARK ACQUISITION AND DEVELOPMENT FEES - 1977: RESOLUTION #77-30: Councilman Neveãux moved the adoption of a resolution to establish neighborhood park costs for acquiring and developing an average acre for such use. Resolution seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs~ Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. FRONTIER TRAIL: Dwight deLancey was present to express concern about the speed of cars on Frontier Trail. He suggested occas36nal radar-checks or speed bumps. This along with other traffic complaints will be discussed at a future Council meeti ng. CHANHASSEN JUNIOR MISS PAGEANT: Al Klingelhutz was present inviting Council members tå attend the pageant on June 23. OLD ST. HUBERT'S CHURCH: Councilman Waritzpresented the city with a $900.00 check from Piper, Jaffray and Hopwood to be used for maintenance of St. Hubert's Church for the winter. The committee wi 11 continue to gather donations for this I fund and contact Father Armand for his approval. KENNEL PERMIT - CLIFFORD WOIDA: Mr. Woida is requesting a kennel license for his four animals at 6398 Murray Hill Road. The city has received four letters objecting to the kennel. The City Manager feels there is a misunderstanding as the Woida's will have the same number of animals as they previously had but due to an ordinance change a kennel permit is required. Councilman Neveaux moved to approve a kennel license for Clifford Woida at 6398 Murray Hill Road. ~~otion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. The kennel permit application should be revised to include cats. PETITION - RED CEDAR POINT - TRAFFIC CONTROL: The city has received a petition from citizens in Red Cedar Point to reduce the speed limit to 20 mph, install a street light at Minnewashta Parkway and Red Cedar Point Drive, and remove: stop signs at the intersection of Juniper and Red Cedar Point Road. In order to reduce the speed limit the city would have to petition the Commissioner of Highways for approval. The stop signs are in accordance with the uniform traffic manual and the Council should adopt the street lighting policy before the light is installed. It was decided to direct staff to make application to the Commissioner of Highways to reduce the speed on Red Cedar Point streets and get a report from I the engineer on ways to slow down traffic. 1 I I I City Council Meeting June 6,1977 -5- PRELIMINARY PLAT - SARATOGA LANE: Jim Hawks and Doug Hanson were present. The City Planner gave a report. The propertÿ is located on the west side of Laredo Drive north of the Chanhassen Elementary School and is zoned P-l. A part of this petition is to vacate a portion of the street now known as Saratoga Lane from the Patrick Kerber property westward. The City Attorney has rendered that this is in fact a city street. The City Planner suggested that Hansen and Klingelhutz be required to construct sidewalks along this portion of Laredo Drive as Laredo Drive is a collector street. The PI anntngdCommissi on hel dapubl i cheari ng and recommended approval. The City Planner recommended approval subject to the installation of sidewalks and the city successfully vacating a portion of Saratoga Lane. Councilman Pearson moved to hold a public hearing on July ll, 1977, at 7:30 p.m. to consider the vacation of a road now commonly known as Saratoga Lane. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. Councilman Geving moved to approve the prel iminary pl at ,:&;¡shown in Ex1Übit)3âàted May ll, 1977, for Hansen and KlingelhutzConstruction Corp. subJect to the vCácatïon of a road now know as Saratoga Lane. ' Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. Councilman Pearson moved to grant Hansen and Klingelhutz Construction Corp. a grading permit. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. PRELIMINARY PLAT AND REZONING - ROBERT REICHERT: Mr. Reichert was present requesting rezoning of his property from R--1A to R-l and approval to subdivide the property into residential lots. The property is located on the north end of Lotus Lake. Sewer and water are currently being installed to the property. The Planning Commission held a public hearing on the proposal and recommended approval subject to a conservation easement along the shore of Lotus Lake. an ordinance Councilman Pearson moved^to rezone the Reichert property from R-lA to R-l. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. Councilman Neveaux moved that the preliminary plat for Robert Reichert be approved subject to the Planner's recommendation of May 31, 1977. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. PLUMBING INSPECTOR FEES: Mr. Hubert Forcier has requested an increase in his fee to $ll.50 per inspection. No action was taken to allow the City Manager to make a specific recommendation regarding the proposed rate increases for plumbing permits and to review the method used in payment of consultive inspector fees. , ' , , d SHO¡:{ELAND MJl.NAGt:'"'!E.NTHEGÐtJ-\lfQM5f> Co uric i lman Neve aux movedcto, plac$~6f't¿rS:t-;;:"eaði n 9 anordinëfnceto':es'täbl iShstanâa>rås.'ånd criteria for the management of municipal shoreland areas within the City of Chanhassen incorporating by reference the DNR Regulations 82, 83, and 84 and also incorporating the classification system that the DNR has adopted for Chanhassen lakes. Motion seconded by Councilman Pearson. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. City Council Meeting June 6, 1977 -6- HOUSE MOVING PERMIT - ROBERT STASKA: Mr. Staska was present requesting permission to move a house from 5100 Highway 101 to 2951 Washta Bay Road. I Councilman Neveaux moved that the permit he' issued to Mr. Robert Staska to move his house from 5100 Highway 101, Minnetonka to 2951 Washta Bay Road in Minnewashta r~anor and that, the condi ti ons in the City Manager I s memorandum dated June 6, 1977, be adhered to. Motion seconded by Councilman lvaritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. HOUSE MOVING PERMIT - MICHAEL SORENSON: Mr. Sorenson is seeking permission to move a house from 7900 Great Plains Blvd. to 201 Chan View. Councilman Pearson moved that the permit be issued to Mr. Michael Sorenson to move his house from 7900 Great Plains Blvd. to 201 Chan View and that the conditions in the City Manager's memorandum of June 6, 1977, be adhered to. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. HIGHWAY 169 - BITUMINOUS OVERLAY PLANS: The Minnesota Department of Transportation is reques ti ng approval from the c-ity to overlay Hi ghway 169 and improve the shoulders with the exception of the "Y" intersection of Highways 169,212, and 101. RESOLUTION #77-31: Councilman Pearson moved the adoption of a resolution approving the Department of Trans portati on IS proposal for State Highway 169. Resol tlti on seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. I CARVER BEACH - BOAT LANDING: Councilman Geving moved that the Council is in agreement with the City Planner report of June 2,1977, providing free publ'ic access to all of the lakes in the city ahdspecifically to seek out a suitable public access on the northeast end of Lotus Lake and at some future point report back to the Counci 1 wi th methods of funding, suitabi 1 i ty of a site, alternate sites, etc. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, Waritz, and Neveaux. No negative votes. Motion carried. Councilman Neveaux moved to adjourn the meeting. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Gevi ng, and Waritz. No negati ve votes. Meeti ng adjou rned at 11 :40 p. m. Don Ashworth Ci ty Manager I