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1976 08 16 REGULAR CHANHASSEN CITY COUNCIL MEETING AUGUST 16, 1976 I Mayor Klingelhutz called the meeting to order at 8:00 p.m. with the following members present: Councilmen Hobbs, Shulstad, and Neveaux. Councilman Kurvers was absent. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the agenda as presented with the addition of a discussion on membership on the Sign Committee and police contracting. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. AWARDING OF BIDS - PROJECT 75-10: RESOLUTION #76-48: Councilman Neveaux moved the adoption of a resolution to award the contract for Part 1 of the East Lotus Lake Sewer and Water Project 75-10 to Peter Lametti Construction Company in the amount of $542,656 using PVC pipe and Part 2 of said project to Northern Contracting Company in the amount of $671,269 with the use of ABS plastic pipe and Peabody-Barnes lift station equipment. Resolution seconded by Councilman Shulstad. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. I MINUTES: A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to approve the August 2, 1976, Council minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. Amotion was made by Councilman Shulstad and seconded by Councilman Neveaux to note the Planning Commission minutes of July 28, 1976. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. f- I A"motion was made by Councilman Hobbs and seconded by Councilman Shulstad to note the August 4, 1976, Planning Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. A motion was made by Councilman Shulstad and'seconded by Councilman Neveaux to note the Park and Recreation Commission minutes of August 3, 1976. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to note the July 29, 1976, Ecological Committee minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. I BILLS: A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to approve the July hills as presented. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. WEST 67TH STREET: The city received a petition asking that this street be put through to Powers Blvd. The Planning Commission reviewed the request and recommended that the Council Regular Council Meeting August 16, 1976 -2- not l. 2 . 3. 4 . 5 . construct West 67th Street for the following reasons: Cost. Unbuildable land. It would be creating a dangerous intersection. Undue hardhsip on property owners. I" I High maintenance cost. I No residents were present at the Council meeting. Mayor Klingelhutz suggested that a motion state that the city has considered this street as an access to Carver Beach but do not find it feasible. When development occurs to the north another access will be considered. A motion was made by Councilman Shulstad and seconded by Councilman Hobbs that the city take no further action with regard to the extension of ~vest 67th Street in Carver Beach to Powers Blvd. noting the Mayor's comments about at some future point reconsidering a northern access out of Carver Beach and accepting the recommendation of the Planning Commission. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. .:. ' .\ The Council received a petition regarding Glendale Drive. The Council tabled action pending a decision from the two property owners. The City has received a letter from one of the two property owners which has been sent to the Planning Commission for their review. PLAN B GOVERNMENT: RESOLUTION #76-49: Councilman Hobbs moved the adoption of a resolution that the following question be placed on the ballot at the next regular election for consideratiön'by the voters, to wit: Shall Optional Plan B providing for the Council Manager form of government be adopted for the government of the City. Resolution seconded by Councilman Shulstad. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. , I The Administrator will call a meeting of the Plan B Committee to organize a committee to get Plan B government approved for Chanhassen. ERIE, CHAN VIEW, AND WEST 77TH STREET IMPROVEMENTS AND ERIE AVENUE SANITARY SEWER IMPROVEMENT: Sally deLancey, Fred Coulter, and Don Schmieg were present. Staff recommended the Council order the Chan View, Erie, and West 77th Street project and to instruct the engineer to prepare plans and specifications for a bid letting next spring. The Erie Avenue sewer improvement was authorized by the Council in November 1975 but not to proceed with the project as the street improvement would be done in 1976. Sally deLancey - As I recall from being here two weeks ago your I vote was delayed until the City Engineer could come back and tell you exactly how you are going to solve the drainage problem from Western Hills into Lot 12 before anything could be done on this particular project because that is what motion was concerned about stopping the problem on Lot 12 now before anymore water goes in there. Regular Council Meeting August 16, 1976 -3- I Mayor Klingelhutz - We did receive a letter from the eng~nee~ on August 13 concerning Lot 12. Bill Brezinsky - What we said in the letter is that the erosion control dams in Lot 12 were installed by the contractor incorrectly. We told the contractor they were unacceptable and they have been replaced. Sally deLancey - Last time I told you about this pond that had developed. The water is 'hot going out of it and it looks to me like ~great breeding ground for mosquitos. Bill Brezinsky - We also mention in our letter-that Henry Wrase is going to clean up the creek bottom, remove some of the fallen trees and debris from the creek also that these dams are going to have to be maintained. There will be silt that builds up around them and that will have to be removed periodically. The dams right now are in accordance with the plans as specified by the Watershed District. I am not aware of any ponding downstream but we will check it. Councilman Neveaux - If we approve this project it will create additional runoff into these dams. Are we going to have a problem in the future with these dams being inadequate? Bill Brezinsky - We plan to install two additional dams with the street project. This will controlthè' runoff from that project so that it will be less than what it is now. We plan to get a permanent easement along both those creeks that go into Lot 12 so that as more development occurs in the area we will be able to create more ponding areas as needed. Councilman Neveaux - The present dams as reconstructed plus the new ones are going to adequately take care of the runoff-without extraordinary silting and/or erosion problems as you as the City Engineer advise us. Bill Brezinsky - Yes. I I RESOLUTION #76-50: Councilman Shulstad moved. the.' adoption of the following resolution: WHEREAS notice of the public hearing on the proposed improvement Project 75-11 was duly given. WHEREAS a public hearing was duly held. That Schoell and Madson the. consulting engineers for the city, are hereby authorized and directed to prepare final plans and specifications for Project 75-11 and submit them to the Council no later than the spring of 1977 so as tö allow letting the necessary construction contract during the 1977 construction season. The city determines that it. is necessary to acquire all property rights which will be necessary for the construction and location of the storm sewer mains and related facilities and that the acquisition of those rights is in the public interest and for public purposes. That Russell Larson, City Attorney, is authorized and directed to proCeed"with acquisition of all property rights by negotiation, contract or condemnation and is authorized to do all things necessary to secure entry or possession of such property for construction purposes as soon as possible provided, however, that said attorney shall not so proceed until the contract for Project 75-11 has been duly let. Project 75-11 shall employ three inch mountable asphalt curb as Regular Council Meeting August 16, 1976 -4- indicated in the feasibility study as Alternate A. Resolut~on seconded by Councilman Neveaux. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. I RESOLUTION #76-51: Councilman Neveaux moved the adoption of a resolution directing the City Engineer to'prepare plans and specifications for Project 75-7 pursuant to the Council Resolution of November 11, 1975, ordering the improvement. Resolution seconded by Councilman Hobbs. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. SIGN PERMITS: ANIMAL FAIR: The Council requested by Animal Fair. recommend approval. previously approved one of the two signs The Sign Committee and City Staff A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the sign requested by Animal Fair according to the Sign Committee's recommendation. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. ST.- HUBERT'S TEMPORARY SIGN: Fr. Armand Lubanski of St. Hubert's Church has requested permission to put up temporary signs for one day to advertise their fall festival on September 19. A motion was made by Councilman Hobbs and seconded by Councilman I Shulstad to approve the temporary signs to be installed and taken down on September 19, 1976, for St. Hubert's Church. The ' following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. FINAL READING, NO PARKING ORDINANCE, POWERS BOULEVARD: Two residents of the area were present asking the Council to support this ordinance. The Administrator recommended that if the Council approves the ordinance it should be amended to read 4.02 (e) No person shall park any vehicle or permit it to stand upon Powers Boulevard between its intersection with Pleasant View Road and'its intersection with the Shorewood Municipal boundary. A motion was made by Councilman Shulstad and seconded by Councilman Neveaux that the Council adopt Ordinance 3-F prohibiting parking on part of Powers Boulevard as contained in the August 16, 1976, memorandum from the City Administrator and amended in this evenings discussion. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux and Shulstad. Councilman Hobbs voted no. Motion carried. HANUS CONDITIONAL USE PERMIT - WEST 79TH STREET: Don Hanus was present. Mr. Hanus is requesting a conditional use permit to construct an auto and truck body repair garage. The Planning Commission held a public hearing and recommended approval with conditions. I Mr. Hanus stated he has a problem with #5 of the conditions: There shall be a dedication to the City of a fifty foot right-of-way - Regular Council Meeting August 16, 1976 -5- I easgment along the north property line. Mr. Hanus ßtated he would go along with a 30 foot easement. RESOLUTION #76-52: Councilman Neveaux moved the adoption of a resolution approving the conditional use permit as presented in the agenda with the memorandum of the City Administrator dated August 11, 1976, and with the two changes to the permit, namely items 5 and 6 as delineated: #5.d There shall be a dedication of a right-of-way easement to the City of property north of the Daniel Klingelhutz and Franklin Kurvers properties to the south railroad property line and from-Great Plains Boulevard to the eastern end of the proposed cul-de-sac. This easement will be approximately 63 feet in width on the western end and 96 feet in width on the eastern end. Easterly of the above easgment a 40 foot right-of-way easement will .þe dedicated to the City along the north property line to the eastern boundary of the property. #6. The applicant agrees that he shall not object to the construction of West 79th Street and the no parking along such. West 79th Street shall extend from Great Plains Blvd. easterly approximately 334 feet to the eastern end of the cul-de-sac and shall be paved to 9 ton capacity 26 feet in width as shown on Exhibit A. Resolution seconded by Councilman Hobbs. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. I WAIVER OF PLAT REQUIREMENTS: CO L. WHITEHILL: Mr. Herbert Bloomberg,' owner .' of Lot 4, Block 2 Colonial Grove has agreed to re~subdivide a small portion of this lot to Mr. Whitehill's property, Lot 3, Block 2. Mr. Whitehill is requesting a waiver of the subdivision requirements. The proposal meets all setback requirements and City Staff recommended approval. RESOLUTION #76-53: Councilman Shulstad moved the adoption of a resolution to waive subdivision requirements on the C. L. Whitehill property, Lot 3, Block 2, Colonial Grove. Resolution seconded by Councilman Hobbs. The following voted in' favbr: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes.' Motion carried. ROBERT STASKA: Mr. Staska of 2941 WashtaBay Road wants. to purchase the south 25 feet of Tract B in order to build a home on Tract D of RLS 13. This addition will not create an additional building lot. City Staff recommended the Council waive the subdivision requirements. RESOLUTION #76-54: Councilman Neveaux.moved the adoption of· a resolution to waive subdivision requirements on the Robert Staska property, Tract D, RLS 13. Resolution seconded by Councilman Hobbs. The following voted in favor: Mayor Klingelhutz, Councilmen HObbs, Neveaux¡ and Shulstad. No! negative votes. Motion carried. I ADMINISTRATIVE AUTHORITY: City Staff requested that the Council allow the Administrator to approve a waiver of plat under the following conditions: 1. The property is a legal lot of record, as duly recorded as a platted lot or registered land survey. 2. The waiver will not cause a Ifsubstandardlf parcel as outlined in the city's zoning ordinance. Regular Council Meeting August 16, 1976 -6- 3. The waiver will not create a new building lot as defined in the city's zoning ordinance. 4. The city planner will attest that the above conditions have been met. I RESOLUTION #76-55: Councilman Shulstad moved the adoption of a resolution allowing the administrative authority to waive requirements of Ordinance #33 and subject to the conditions outlined in the City Administrator's memorandum of August 16, 1976. Resolution seconded by Councilman Hobbs. ' The f61lowing voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. ELECTION JUDGES - PRIMARY ELECTION: RESOLUTION #76-56: Councilman Shulstad moved the adoption of a resolution designating the polling places and hours for voting and the election judges and counters for the Primary Election September 14, 1976. Resolution seconded by Councilman Neveaux. The, following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. ADMINISTRATIVE AUTHORITY - FILL PERMITS: The Administrator asked authority to grant fill permits with the following condïtions: 1. The owner of record of the property approves in writing of such fill. 2. Documents be submitted by the applicant sufficiently reflecting the fill area and other data, as required by the engineer to reflect the scope of the project. I 3. The city engineer determines in writing that such fill shall not have an adverse effect on drainage patterns to surrounding properties. 4. Applicant escrow sufficient monies to ensure the fill is completed as specified by the engineer, and that damage or clean up costs as a result of hauling to or from the site are paid. 5. Watershed District approval and DNR approval when such is deemed necessary by the city engineer. RESOLUTION #76-57: Councilman Shulstad moved the adoption of a resolution allowing administrative granting of fill permits on the conditions described in the City Administrator's August 16, 1976, memorandum on the subject with the following two additional conditions: 1) Quantities involved not to exceed 150 cubic yards per parcel of land per year, and 2) The owner of record of the property applies as well as approves in writing of such fill. Resolution seconded by Councilman Neveaux. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. Amotion was made by Councilman Shulstad and seconded by Councilman Neveaux to continue this regular council meeting to August 17, 1976, at 8:00 p.m. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative I votes. Meeting continued at 11:45 p.m. Don Ashworth Clerk-Administrator