1977 08 15
I
I
I
REGULAR CHANHASSEN CITY COUNCIL MEETING AUGUST 15, 1977
Mayor Hobbs called the meeting to order at 8:00 p.m. with the following
members present: Councilmen Geving, Pearson, and waritz. Councilman
Neveaux was absent. Thèmeeting was opened with the Pledge to the Flag.
APPROVAL OF AGENDA: Councilman Geving moved to approve the agenda
as presented with the addition of discussion on the Chanhassen sign.
Motion seconded by Councilman Waritz. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes.
Motion carried.
LAKE RILEY SEWER PROJECT 77-2: Bids were opened on August 12, 1977.
The low bid was received from Crossings, Inc., of Prior Lake in the
amount of $172,846.00. Several area residents were present.
RESOLUTION #77-45: Councilman Geving moved the adoption of a
resolution accepting the low bid from Crossings, Inc. in the amount
of $172,846.00 to include PVC pipe and hydromatic pumping equipment.
Resolution seconded by Councilman Pearson. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative
votes. Motion carried.
MINUTES: Amend Resolution #77-39 in the August 1, 1977, Council
minutes to read: Councilman Pearson moved the adoption of a resolution
to vacate Saratoga Lane from point "C" to point "D" as shown on the
City Attorney's exhibit. Motion seconded by Councilman Waritz. The
following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,
and Waritz. No negative votes. Motion carried.
Amend the first sentence under CONDITIONAL USE PERMIT - HARRY PAULY
in the August 1, 1977, Council minutes to read: Harry Pauly was
present requesting approval of a conditional use permit to construct
a 44' x 80', day time office/retail building on his property south of
the Old Village Hall on Great Plains Blvd.
Councilman Waritz moved to approve the August 1, 1977, Council minutes
as amended. Motion seconded by Councilman Pearson. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz.
No negative votes. Motion carried.
Councilman Geving moved to note the July 26, 1977, Housing
Redevelopment Authority minutes. Motion seconded by Councilman Pearson.
The following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving,
and Waritz. No negative votes. Motion carried.
Councilman Pearson moved to note the August 4, 1977, Community
Facilities Study Committee minutes. Motion seconded by Councilman
Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Geving, and Waritz. No negative votes. Motion carried.
1977 PUBLIC IMPROVEMENT ASSESSMENT CRITERIA: The City Engineer
presented the assessment criteria to be used in the assessment of projects
for this year. It was decided to defer 3/8 of the legal and engineering
fees on Crestview Drive until such time as the watermain is extended
to the three western properties.
Councilman Neveaux came at 8:50 p.m.
City Council Meeting August 15, 1977
-2-
WEST 79TH STREET WATER AND STREET IMPROVEMENT: The Council
previously ordered the water feasibility on West 79th Street. I
Completion of the study was postponed until the development
contract was signed by Don Hanus. The contract has been signed
and Mr. Hanus is presently building a facility. The City Engineer
recommended the Council order a feasibility· study for the street
improvement and hold a public hearing.
RESOLUTION #77-46: Councilman Pearson moved the adoption of a
resolution ordering a feasibility study for West 79th Street
improvement and a public hearing for the street and water
improvements on September 19, 1977. Resolution seconded by
Councilman Geving. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, Geving, and Waritz. No negative
votes. Motion carried.
BILLS: Councilman Neveaux moved to approve the July bills,
including the supplement, as presented. Motion seconded by Councilman
Waritz. The following voted in favor: Mayor Hobbs, Councilmen
Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion
carried.
APPLE VALLEY RED-E-MIX BUILDING PERMIT: Math Fischer and John Ericson
were present requesting building permit approval to erect a fly
ash silo at the plant on West 78th Street and Highway 5. The City
Planner gave a report. This property is in the CBD and requires
a conditional use permit. The Planning Commission felt that Apple I
Valley is a non-conforming use and the new fly ash silo would be
an intensification of a non-conforming use. The Planning
Commission recommended denial of a building permit to install a
silo. The City Planner and Manager concur with the Planning
Commission.
Mr. Ericson stated they do not feel it is an intensification of
their· business, it is necessary to do business.
Councilman Neveaux moved to deny the request for a building permit
for Apple Valley Red-E-Mix to construct a fly ash silo because it
is an intensification of a non-conforming use. Motion seconded
by Councilman Waritz. The following voted in favor: Mayor Hobbs,
Councilmen Neveaux and Waritz. Councilmen Geving and Pearson
voted no. Motion carried.
FILL PERMIT - RAY LATTERNER: The City has received a grading permit
application from Robert Reutiman to excavate approximately 3,000
yards of dirt in the southwest quadrant of Highways 41 and 7.
A portion of this property is in the City of Shorewood on State
Highway Department right-of-way.
Councilman Geving moved to grant a grading permit with grades
established by the City Engineer. No dirt will be removed from
the property and a berm to be maintained. The permit will be
in writing and signed by the city staff and the owner. Motion
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
I
City Council Meeting August 15, 1977
-3-
DEVELOPMENT CONTRACT - TROLLS-GLEN SECOND ADDITION: Dan Herbst and
Kit Peterjohn were present.' " The followîng changes were discussed:
Phase I: Installation of all improvements in West 77th Street to
the Chanhassen/Victoria boundary by August 31, 1978, including streets
(except final wearing course to be completed by December 15, 1978),
sanitary sewer, water, concrete curb and gutters and storm sewer.
Phase II: Installation of all improvements in cul-de-sac extending
southerly from West 77th Street by August 31, 1979, including streets
(except final wearing course to be completed by December 15, 1979),
sanitary sewer, water, concrete curb and gutters and storm sewer.
Section 9. The City Attorney will redraft this section to give the
Peterjohns the option of going with a phase I-phase II which would
have phase II as an outlot.
Section 10. Deposit for individual lots in the sum of $300.00.
The City Attorney will redraft Section 20 to.provide reasonable
assurances to the City that West 77th Street shall be completed from
Chanhassen/Victoria boundary to County Road 15 within the time frame
of phase I.
Section 18 to be revised to allow building permits in phases where
utilities and streets have been installed except for final wearing course.
Councilman Pearson moved to approve the bevelopment Contract for
Trolls-Glen Second Addition as revised. Motion seconded by Councilman
Waritz. The following voted in favor: Mayor Hobbs~ Councilmen Pearson,
Neveaux, Waritz, and Geving. No negative votes. Motion carried.
WATER CONNECTION - PETER FRISCH: Mr. Frisch on Murray Hill Road,
Shore~'lOod· isre"questing to conne"ct to the Chanhassen water system.
Staff recommended such be done only under the following conditions:
1. The applicant pay the unit charge as established for this area.
2. The applicant obtain a plumbing permit and have such inspected by
the City of Chanhassen.
3. Street restoration be paid by the applicant and to the specifications
of the City of Chanhassen or Shorewood, whichever is more restrictive.
4. That the applicant agrees to pay bills submitted by the City of
Chanhassen for monthly service.
5. The total cost of construction of the lateral service shall be
paid by the applicant.
6. That the City of Shorewood agrees to the proposed connection and
that the applicant furnishes proof of such approval by the City of
Shorewood together with any conditions they may set.
7. That the applicant agree to the above conditions in writing.
Staff requested authorization to explore the feasibility of establishing
a reciprocal joint powers agreement with Shorewood for utility services
such as the one presented.
Councilman Neveaux moved to approve the water connection request for
Peter Frisch and that an agreement be negotiated with him and the City
encompassing the seven conditions of the Manager's letter of August
15, 1977. Motion seconded by Councilman Geving. The following voted
in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz.
No negative votes. Motion carried.
City Council Meeting August 15, 1977
-4-
SPEEDING COMPLAINTS: The City has received a petition from residents
of Carver Be"ach requesting speed limit signs and additional enforcement'l
Captain Al Wallin was present to discuss speeding complaints that
have come to the attention of the Council during the past several
months.
BRIDGE DECKING PLANS ON HIGHWAY 5:
RESOLUTION #77-47: CoÜn"cilman Neveaux moved the adoption of a
resolution as presented this evening upon the recommendation of
the City Engineer, S.P. 1002-10009. Resolution. seconded by Councilman
Waritz. The following voted in favor: Mayor Hobbs, Councilmen
Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion
carried.
POLICE CONTRACT - 1978: Mayor Hobbs reviewed the current status
of the 1978 police c6ntract. Under a new plan presented by
County Commissioner Gnan the City would be charged on the basis of
$18 per capita. Under this plan charges range from $6.00 per capita
to $18.00 per capita. At $18.00 per capita the cost would be
approximately $108,000 to the city.
REGULAR MEETING: Councilman Geving moved to change the September 5th
meetini ~o September 6th because of the holiday. Motion seconded by
Councilman Neveaux. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes.
Motion carried.
PARKING COMPLAINTS - PLEASANT VIEW ROAD: The Council took no action.
The City" Plann"er will look înto ways ·to resolve the problem of "Rose
Lane" .
I
CERMAK'S: Councilman Neveaux asked if anything could be done with
the deteriorating condition of Cermak's and the expansion of the
non-conforming use. Staff will look into the problem and prepare a
citation.
DUTCH ELM: The City Manager will present a report to the Council at
a future meeting.
Councilman Pearson moved to adjourn. Motion seconded by Councilman
Geving. The following voted in favor: Mayor Hobbs, Councilmen
Pearson, Neveaux, Waritz, and Geving. No negative votes. Meeting
adjourned at 11:45 p.m.
Don Ashworth
City Manager
I