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1977 09 06 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING SEPTEMBER 6, 1977 Mayor Hobbs called the meeting to order at 8:00 p.m. with the following members present: Councilmen Neveaux, Pearson, Geving, and Waritz. 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, Neveaux, Waritz, and Geving. No negative votes. Motion carried. EAST LOTUS LAKE SEWER, WATER AND STREET IMPROVEMENT PROJECT 75-10: JOSEPH WELTER - PARCEL 458 DO: A motion was made by Councilman Pearson and seconded by Councilman Neveaux that with respect to Tax Parcel 458 DO that there be no change in the proposed assessment roll as to this parcel. The following voted in favor: }1ayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. Joe Welter stated that there are two manholes on his property and he was paid for only one. DONALD E. FOWLER - PARCEL 461 DO: A motion was made by Councilman Geving and seconded by Councilman Pearson that with respect to Tax Parcel 461 DO that there be no change in the number of units assessed but reduce the amount of money to $13,878.00. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. MICHAEL J. r1AX - PARCEL 463 DO: A motion was made by Councilman Pearson and seconded by Councilman Geving that with respect to Tax Parcel 463 DO that there be no change in the proposed assessment roll. The Council considers Lot 9 a buildable lot. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. DAVID LARSON - PARCEL 6 DOll: A motion was made by Councilman Waritz and seconded by Councilman Pearson that with respect to Tax Parcel 6 DOll that there be no change in the proposed assessment roll as to this parcel. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. JACK A. WELSH INGER - PARCEL 6 DO-A: A motion was made by Councilman Pearson and seconded by Councilman Geving that with respect to Tax Parcel 6 DO-A that there be no change in the proposed assessment roll as to this parcel. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. NEAR MOUNTAIN PROPERTIES - PARCEL 9 DO: A motion was made by Councilman Pearson and seconded by Councilman Geving that the assessment roll for Tax Parcel 9 DO be reduced by $9,457.00 to $115,283.00. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. NEAR MOUNTAIN PROPERTIES - PARCEL 12 DO: A motion was made by Councilman Neveaux and seconded by Councilman Pearson that the assessment roll for Tax Parcel 12 DO be reduced from $11,439.00 to $7,515.00. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. City Council Meeting September 6, 1977 -2- HERBERT J. KASK - PARCEL 19 DO-I: A motion was made by Councilman Neveaux and seconded by Councilman Waritz that with respect to Tax I Parcel 19 DO-l that there be no change in the proposed assessment roll. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. JEROME SCHROERS - PARCEL 19 DO-2: A motion was made by Councilman Pearson and seconded by Councilman Geving that with respect to Tax Parcel 19 DO-2 that there be no change in the proposed assessment roll. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. CARL MC NUTT - PARCEL 20 DO: A motion was made by Councilman Geving and seconded by Councilman Waritz that with respect to Tax Parcel 20 DO that there be no change in the proposed assessment roll. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. ROBERT V. NELSON - PARCEL 17 DO: A motion was made by Councilman Neveaux and seconded by Councilman Pearson to amend the assessment roll by adding an additional street assessment of $1,345.00 to the Robert V. Nelson property, Tax Parcel 17 DO. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. SEWALL OSGOOD - PARCEL 26 DO: A motion was made by Councilman Pearson and seconded by Councilman Waritz that with respect to Tax I Parcel 26 DO that there be no change in the proposed assessment roll. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. SANDRA P. CLEMENS - PARCEL 387 DO: A motion was made by Councilman Pearson and seconded by Councilman Neveaux that with respect to Tax Parcel 387 DO that one unit assessment be deferred until a portion of the property known as Lake View Park is sold or a building permit is applied for. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. FRANK A KUZ~ß - PARCEL 408 DO: A motion was made by Councilman Pearson and seconded by Councilman Neveaux that with respect to Tax Parcel 408 DO the Council accepted the recommendation of the City Engineer to reduce the assessment to one unit. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz. Councilman Geving voted no. Motion carried. STREET ASSESSMENTS: A motion was made by Councilman Pearson and seconded by Councilman Neveaux to amend the assessment roll to View include parcels that gain access to but do not abut Pleasant Road. One street assessment to each parcel in the amount of $1,345.00. Tax Parcel 16 DO A. E. Schroeder Tax Parcel 18 DO T. Murphy Tax Parcel 21 DO J. Nichols The following voted in favor: Neveaux, Waritz, and Geving. Tax Parcel 22 DO H. Wartman Tax Parcel 960 DO M. Thompson Tax Parcel 973 DOll o. Nemitz Mayor Hobbs, Councilmen Pearson, No negative votes. Motion carried. I I I I City Council Meeting September 6, 1977 -3- The City Attorney read a letter from the City Appraiser, J. Myron Dixon, wherein he advises the Council that he has examinèd the assessment rolls and the criteria used and the classification of type of service in Service Areas A, B, and C. On the basis of this study and after viewing the properties and making a new examination of the sale of properties in the East Lotus Lake area, it is his opinion that the 75~10 East Lotus Lake Project has enhanced the market valuè of each assessed property by an amount that is at least equal to or in excess of the amount assessed. Senior Citizen deferrments will be acted on by the Council at the next regular meeting. RESOLUTION #77-48: Councilman Pearson moved the adoption of a resolution approving the East Lotus Lake Sewer, Water~ and Street Improvement Project 75-10 Assessment Roll as amended this evening. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. ERIE AVENUE SEWER PROJECT 75-7: DONALD SCHMIEG" -- PARCEL 12-0/1: The Schmiegs questioned Michael Sorenson's assessment and also wanted a guarantee that their lot on Erie Avenue can be served by the newly installed sanitary sewer. The City Engineer explained that the City Attorney's opinion based on the prior assessments on the property and the benefit Sorenson's have to date, that's all that is possible to assess. The elevations indicate that a home built on Mr. Schmieg's Erie Avenue lot can be served by the new sewer line. A motion was made by Councilman Waritz and seconded by Councilman Neveaux that with respect to Tax Parcel 12-0/1 that-there be no change in the proposed assessment roll. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. RESOLUTION #77-49: Councilman Geving moved the adoption of a resolution approving the Erie Avenue Sanitary Sewer Project 75-7 Assessment Roll. Resolution secondéd by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. CRESTVIEW DRIVE WATER PROJECT 77-1: No appeals were received on this project. RESOLUTION #77-50: Councilman NeveauxmOVèd the adoption of a resolution approving the Crestview Drive Water Project 77-1 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. ERIE AVENUE, WEST 77TH STREET, AND CHAN VIEW STREET. IMPROVEMENT PROJECT 7"5-11: Approxim"ately 30 ãre"a re-sidents-werepresenl. " Jack Gilt and Bill Brezinsky explained the proposed changes. Because of the extremely poor soil conditions encountered and the potential of a huge overrun in cost the engineer suspended the construction operation. A cost overrun of about 50% would be real~zed if the project were continued as proposed with a gravel base and three inch bituminous sub-base installed this year. The engineer feels that with the gravel that has been placed City Council Meeting September 6, 1977 -4- that a road can be built to seven ton standards by eliminating the three inch bituminous base. This would mean gravel streets over I the winter. A two inch bituminous mat would be placed next spring. The streets would be oiled to keep down the dust and gravel would be placed up to the curb line. The drainage would not be materially affected. Sodding and driveway work would be completed this year. The ëngineer recommended that this construction be done on all streets south of West 77th Street, including West 77th Street. This would cause a potential overrun of 14.5%. On Erie Avenue north of West 77th Street there is à'400 foot stretch where there is 4 to 6 feet of peat. The engineer suggested this 400 feet be bridged by using l~ feet of gravel. The rest of the street be gravel this year. No concrete curb be placed this year. Next spring the street would be blacktopped except for the 400 foot area. The 400 foot area remain gravel for another winter and be blacktopped in 1979 to allow for additional settling. Assessments on the area south of West 77th Street would be placed in 1978. Assessments on Erie Avenue north of West 77th Street would be levied in 1979. Earl McAllister - Are you bringing Erie Avenue up to grade with rock? Bill Brezinsky - We will install a two inch mat next spring except in the 400 foot area. Earl McAllister - What are we going to do where they chopped off our driveways, are we going to have to put up with that all winter? I Bill Brezinsky - Where we put the two inch mat in, the driveways will be restored. Jack Gill - We can put the blacktop in but no all the way. There will probably be a three foot stretch from the gutter line in that we can't blacktop this year. Everything south of West 77th will get curb and gutter and driveways put in this year. Vernon Zetah - I would like to know why, being I have the highest spot in Chanhassen, why my driveway had to be cut down three feet to make a circle. I have enough trouble getting up there in the winter the way it was. Bill Brezinsky - That's the sub-cut elevation. We would be happy to meet with you. Jack Gill - I will get ahold of you tomorrow and make an appointment to meet with you one night this week. Curt Robinson - Are you recommending a change in the specifications of the paving? Bill Brezinsky - We are recommending changes in the paving section. We are not recommending a change in the capacity of the street. The street will still have a seven ton capacity. We are saying that instead of using a combination of gravel, crushed rock and bituminous base we are going to use only a crushed rock base. The crushed rock base would be thicker to give the same strength as a bituminous base we are eliminating. Curt Robinson - Why the change now? Bill Brezinsky - The change is basically because we have to gravel street in because we have already removed the soil. to put so much gravel in in order to get support to put the in and by the time we do that we have the strength we need. put that We have blacktop This I I I I City Council Meeting September 6, 1977 -5- will have no affect on the final product. The final product will be exactly the same. Wayne Hagman - I live in that 400 foot area you are" talking about. Right now it's a veritable swamp. You can get one car through there. When is that going to be put back in? Jack Gill - If we get the go ahead from the Council the contractor is prepared to start immediately. We will go in there and salvage that rock. We are going to dig out that 18 inches and make a nice road out of it. Wayne Hagman - We will live two winters with that rock? Jack Gill - That's what we are recommènding and that's to prevent any settlement in the curb. Tom Tramontano - There was a statement made about the road being seven ton, will that apply through that bridged area? Will that road be as strong and will it last as long as the other areas in the project? Bill Brezinsky - Yes it will. Jack has put in an awful lot of roads using this same method and they have stood up. Jack" Gill - We figure to get 90% of the settlement in the first year and then be leaving it set an additional year we should.get 100%. Tom Tramontano - My homeheing of new construction does not have drainage ditches. Will we have that problem in that area. Bill Brezinsky - It all drains down the drainage ditches and there hasn't been any real problems. We would like to take a look at it. It was a part of the sump area before. We will make sure that you don't have any problems there. Wayne Hagman - We have a letter on_record about the drainage-problems because our driveway has been under water I don't know how many times. There is a problem there. Even now with the new storm sewer it's still under water. It's gravel, granted. Bill Brezinsky - It is something we are aware of and will be taken care of. Paul Rojina - The basin down there! is that completely done? With the rain'we' had, "that is no basin anymore. Bill Brezinsky - As a part of the contractor's specifications he will have to restore it to it's original condition. If it was washed out by the storm it will have to be put back by the contractor at no additional cost to the project. RESOLUTION #77-51: Councilman Pearson moved the adoption of a resolution to approve the recommendations of the City Engineers,:-as"contained in their 'report of September 2, 1977, with respect to the Erie, West 77th, Chan View Concrete Curb and Gutter Project 77-3 and the Erie, West 77th, Chan View Street and Storm Sewer Project 75-11. Resolution seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Pearson, Geving, and Waritz. No negative votes. Motion carried. ROBERT BACH - VARIANCE REQUEST: Mr. Bach of.8404 Great Plains Blvd. is requ"e"stlng" a ~dd"e":<yard variance in order to build a garage. The garage will be 4.25 feet from the property line. Al Klingelhutz, adjacent property owner, was present and stated he has no objection to the variance. Councilman Neveaux moved to accept the City Planner's recommendation City Council Meeting September 6, 1977 -6- of August 31, 1977, for a variance to Robert Bach of 8404 Great Plains Blvd. and that Alternate #1 be approved. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, I Councilmen Pearson, Neveaux, Geving, and Waritz. No negative votes. Motion carried. INSTANT WEBB - SIGN PERMIT: Instant Webb is requesting a sign permit to install a "sig"n On their property at 571 West 78th Street. The proposed sign meets all standards of the Sign Ordinance. Councilman Neveaux moved to grant a sign permit to Instant Webb as per the Planner's report of August 30, 1977. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. HOUSE MOVE - ROMAN SINNEN: Mr. Sinnen is seeking a building permit to move "three modular Ùnits into the city and combine them into one single family home on Lot 2, Bluff View Addition. Councilman Neveaux moved to grant a building permit to Roman Sinnen to mOVe in three modular units onto Lakota Lane and construct a home according to the plans submitted this evening and conditioned on the Building Inspector's letter of September 6, 1977. Motion seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Motion carried. RETAINING WALL - 7337 FRONTIER TRAIL: Nancy Walhberg was present askIng the "city to ac"cept" liabili ty for a retaining wall that washed out during a storm on August 30. The City Engineer will prepare a report for the September 19 Council meeting. I A motion was made by Councilman Geving and seconded by Councilman Neveaux to adjourn. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving. No negative votes. Meeting adjourned at 12:00. Don Ashworth City Manager I