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1975 09 15 ASSESSMENT HEAR¡NG 1975 CARVER BEACH SEALCOATING IMPROVEMENT PROJECT SEPTEMBER 15, 1975, AT 7:05 P.M. I Mayor Klingelhutz called the public hearing to order with the following members present: Councilmen Kurvers and Neveaux. Councilmen Shulstad and Hobbs came late. The following persons were present: Mr. and Mrs. Robert Wiest, 840 Carver Beach Road Judith Raymond, 834 Ivy Road The Council waived reading of the legal notice. The total cost of the project is $1,400. If the assessment roll is adopted the amount could be paid in cash until such time as it is certified on the taxes for 1976. The assessment would be $12.00 for each improved and occupied either full or parttime lots in Carver Beach. If the assessment is put on taxes the ihterest rate would be 8 per cent. Robert Wiest - After it was sealcoated and graded I lost about six inches of my driveway. The road is being graded downhill all the time. Two years ago my driveway was level with the road and now every time I go in or out of my driveway I scrape the bottom of my car. The culvert under my driveway is nine inches above the road surface. I keep losing my crushed rock every time it is graded. The City Engineer stated that they would make certain adjustments in the street grade when the street is blacktopped. The Council requested the Maintenance Superintendent look at the problem. I A motion was made by Councilman Neveaux and seconded by Councilman Kurvers that the public hearing on Carver Beach Sealcoating Project be closed. The following voted in favor: Mayor Klingelhutz, Councilmen Kurvers and Neveaux. No negative votes. Hearing closed at 7:20 p.m. ß~~~ Barry BDf~ks Clerk-Administrator PUBLIC HEARING SANITARY SEWER IMPROVEMENT PROJECT 75-7 SEPTEMBER 15, 1975, AT 7:30 P.M. Mayor Klingelhutz called the public hearing to order with the following members present: Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No one was present for this proposed project. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to dispense with the reading of the official notice. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. I The City has received a request from the Don Schmiegs to continue the public hearing as they could not be present this evening. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs . to continue the public hearing until October 6 at 7:15 p.m. to accommodate the request of Mr. and Mrs. Don Schmieg in their letter of September 5. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstqd, and Kurvers. No negative votes. Heqring continued ð~ÆPßØ(~ Barry ~OkS Clerk-Administrator I REGULAR CHANHASSEN CITY COUNCIL MEETING SEPTEMBER 15, 1975 Mayor Klingelhutz called the Council Meeting to order at 7:20 p.m. with the following members present: Councilmen Neveaux and Kurvers. Councilmen Hobbs and Shulstad came late. The meeting was opened with the Pledge to the Flag. CARVER BEACH SEALCOATING IMPROVEMENT PROJECT: RESOLUTION #75-24: Councilman Neveaux moved the adoption of a resolution suggested by the City Attorney for the adoption of the assessment roll for the 1975 Carver Beach Sealcoating Improvement Project. Resolution seconded by Councilman Kurvers. The following voted in favor: Mayor Klingelhutz, Councilmen Kurvers and Neveaux. No negative votes. Motion carried. The Administrator will send notices out within the next week so that residents are given an opportunity to prepay this assessment. DONATION - SNOWMOBILE CLUB: Dan Logeais presented a check in the amount of $200 to be given to the Park and Recreation Commission to be used for lighting for a hockey rink. The Council thanked Mr. Logeais for I the donation. MINUTES: A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to approve the Regular Council Minutes of August 18, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. The City Attorney has requested a copy of the Court Order in the Twin Hills matter. The Court has retained jurisdiction of the case. The order provides that Mr. Loris is to comply with all of the directives of the Pollution Control Agency as it relates to that land. When the Attorney receives a copy he will forward copies to the Council. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to note the public hearing minutes on Greenwood Shores Sanitary Sewer Project and Frontier Trail Street Improvement Project minutes of August 20, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, Neveaux, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Shulstad to approve the Regular Council l1inutes of September 2, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. I A motion was made by Councilman Hobbs and seconded by Councilman Shulstad to note the August 27, 1975, Planning Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Regular City Council Minutes September IS! 1975 -3- A motion was made by Councilman Kurvers and seconded by Councilman ßh:ulstad to note the August 28, ~975, Bicentennial Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. I BILLS: A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to approve the bills as submitted. Tœ following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. COUNCIL LIAISON: Mayor Klingelhutz suggested the following liaison appointments: , Highways 5, 169 and 212 - Councilman Neveaux and Mayor Klingelhutz Maintenance - Mayor Klingelhutz and Councilman Shulstad Fire Department - Councilman Hobbs and Councilman Kurvers Police Department - Mayor Klingelhutzand Councilman Hobbs Help - Councilman Shulstad and Councilman Hobbs Park and Recreation Commission - Councilman Hobbs and Councilman Neveaux Planning Commission - Councilman Shulstad and Councilman Neveaux Metropolitan League - Councilman Neveaux and Mayor Klingelhutz Liquor - Councilman Kurvers and Councilman Hobbs Utilities - Councilman Neveaux and Councilman Kurvers Conservation and Environment - Councilman Shulstad and Councilman Hobbs Inspections - Councilman Kurvers and Councilman Neveaux CBD Committee, Industrial Commission, and Housing and Redevelopment Authority - Mayor Klingelhutz and Councilman Neveaux I A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to approve the appointments. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes.· Motion carried. The Adm~nistrator will notify the chairman of each commission as to who is their liaison. HISTORICAL COMMITTEE: David Nystrom, Cirector of Field Services State Historical Society, Bobbi Betz, Martha Lyman, and Vivian Beaugrand were present. Bobbi Betz explained that the Historical Committee would like to incorporate. The Committee appeared before the Council previously to ask if they incorporate could they still receive funding from the City. The City Attorney prepared a letter citing an Attorney General's ruling of 1936 which makes it illegal for any city to use its public funds to donate to a private organization. The Committee went to the state Historical Society for an opinion. The Committee has voted in proceed with the incorporation. The Historical Committee has 15 members and their objective is to preserve record, and interpret history. The long term goal is to write a history of Chanhassen and its environs. I Mr. Nystrom stated that Chapter 471.93 does allow the giving of money up to $500 per year. In order to bè recognized by the State Historical Society the By-Laws will have to be gone over by the state society. As far as control by the City you would have total control because we would expect that if they were asking for money they would turn in a budget to you itemized as to what they were going to do and the Council would have the final say whether they get the money or not. At the end of each year if you were to appropriate funds they would also turn in records tò .~ Regular City Council Minutes September 15, 1975 -4- us as well as to you as to how that money was spent and show receipts for it. All historical societies throughout the state are incorporated. There are 173 in the state and all are incorporated. I The City Attorney read the Statute and then stated that unless there is an Attorney General's opinion to the affect that the City can donate funds to some uncontrolled third party he stands on his earlier opinion in the matter. He stated he would check it out further. kROJECT 75-3, GREENWOOD SHORES SANITARY SEWER AND WATER IMPROVEMENT PROJECT: VRESOLUTION #75-25: Councilman Hobbs moved the adoption of a resolution as presented by the City Attorney's Office this evening approving the Greenwood Shores Sanitary Sewer, Water, and Street Improvement Project. Councilman Neveaux seconded the resolution. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. MORITORIUM ON SIGN ORDINANCE VIOLATIONS: moritorium on sign ordinance violations. The Council previously placed a The 30 days has expired. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to extend prosecution of sign ordinance violations for 45 days. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Jhe Council expects results from the Ad Hoc Committee within 45 days. /PROJECT 75-2 CARVER BEACH SANITARY SEWER FORCEMAIN: I RESOLUT~ON #75-26: councilmhan s~ulstad move~ the ~dopti?n of a. . resolutlon as presented by t e Clty Attorney s Offlce thlS evenlng approvlng Alternate #1 as the location of the Carver Beach Forcemain. Resolution seconded by Councilman Hobbs. The followin g voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. PROJECT 75-4 FRONTIER TRAIL STREET IMPROVEMENT PROJECT: The Administrator read his memorandum of September 12, 1975, stating that a residential street is a 7 ton street with 28 feet of surfacing. A reduction of 28 feet would be a variance of city standards. This along with the marginal cost savings of a narrower street and the increasing safety hazzard as the street becomes narrower causes him to urge the consideration of a full width street only. Standards are being varied significantly already by not including concrete curb and gutter. He recommended the assessment of the abutting benefitted properties be the only method considered. He recommended approval and urged the Council approve the project this evening to facilitate early bids. Costs for maintenance of this street were presented. The estimated were from 10 to 12 truck loads of asphalt were applied each year at an estimated cost of $125 per load. Unless the road base is improved this annual cost will continue. The only maintenance cost on a 7 ton street would be a sealcoat applied approximately every five years. I The Engineer's report of September 11, 1975, recommended that the minimum width the Council should consider be 26 feet but they prefer 28 feet. The balance of Frontier Trail north of the proposed improvement is 24 feet wide. I Regular City Council Minutes September'15, 1975 -5- / L1œSOLUTION #75-27: Councilman Neveaux moved the adoption of a resolution as presented by the City Attorney's Office, authorizing Frontier Trail Street Improvement Project. Resolution seconded by Councilman Shulstad. The following voted in favor: ~ayor Kling~lhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negatife votes. Motion carried. Ted deLancey stated, "I would like to go on record that first of all the questions have not been answered as specified at the last meeting. To our letters specifically. If it was it would be an extremely feeble attempt by the Council and by the Engineers involved. If the issue is closed I at least want to go on record of that for future situations. I disagree with Mr. Brooks' report so emphatically that I would personally pay for a sensitivity course if he would go. I do not feel this was answered adequately at all." Mayor Klingelhutz stated that the Council must have been rather well satisfied that the questions that were asked at the public hearing were answered to their satisfaction or they wouldn't have taken action tonight. Sally deLancey stated, "your satisfaction with our money and you stop and figure how much it's going to cost on a front foot basis and you don't know that anybody else is going to be assessed but us. It's plenty difficult to try and sit here and figure out the six weeks you made up your mind how you are going to spend our money without asking us." I Councilman Neveaux stated, "I felt that the Council gave as much imput to this project as any other project that I have been privileged to consider. Sometimes you wonder just how long you have to spend on a project to come up with the answers. . I really feel that we gave this a real go and I am sorry to hear that you disagree with that." , PLANS AND SPECIFICATIONS, PROJECT 75-2 CARVER BEACH: The City Engineer's letter of September 12, 1975, was read stating they could advertise for bids to be taken on October 7, 1975, and considered by the Council at the following meeting. It would be advantageous to include the forcemain connection in the plans. The Engineer could have the forcemain plans completed three weeks after the Council selects the route. . A motion was made by Councilman Shulstad and seconded by Councilman Kurvers to table action until such time as the forcemain plans and specifications are added to the project. The,following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. . BUESGENS BUILDING, SEWER AND WATER UNIT CHARGES: Bob Buesgens was present and explained that the sewer and water connection charges owed by them were not included in their financing of the building and asked for an extension of time to pay these charges. These additional charges occurred when the building went from an office building to a chemical dependency center and were not paid when the building permit was issued. I The City Attorney stated the City would prefer to see it go on taxes with the first installment payable May 31, 1976, and second installment October 31, 1976. RESOLUTION #75-28: Councilman Kurvers moved the adoption of a resolutiQn certifying the sewer and water unit charges to the County Auditor to be Regular City Council Minutes September 15, 1975 -6- collectible with 1976 taxes at the rate of 8% interest. Councilman Neveaux seconded the resolutiôn. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. Councilmen Hobbs voted no. Motion carried. GRADING WEST 79th STREET AREA: Don Hanus was present. met this morning with Mr. Hanus and his attorney on the location for the street was discussed for consideration Once the location has been determined Mr. Hanus and his then prepare a complete site plan for the property. The City Staff site. An appropriate by the Council. consultants could I The City Attorney has prepared a memorandum of his involvrnent in this transaction starting with September 8, 1975, and telephone conversations he had with the Milwaukee Railroad. The City Attorney feels that our right in that road has been impaired and while it would seem to be futile at this time to get a restraining order because the work is done he would advise the Council that he entertains the prospect of recommending to the Council that an action be brought against the railroad company and Mr. Hanus for the impairment of our road rights in West 79th Street. The purpose of taking away of this road is not for a railway purpose which is the only purpose the agreement refers to. No notice was given. It is not being used for railway purposes. He is prepared to litigate that issue if that need arises. He feels there are other considerations that need to be taken into account with respect to the relocation of that road. Councilman Hobbs asked that the permit was issued for 6,000 yards of I· dirt, is there anyway of determining whether more or less than 6,000 yards has been excavated? The Building Inspector stated there has definitely been more. The permit was issued on a piece of land other than the piece of land that is in question. Councilman Hobbs stated that even though there was a permit the conditions of the permit were violated. The City Planner stated that the first time he discussed excavating with Mr. Hanus was on September 9. At his meeting on August 18 with Mr. Hanus and Mr. Christianson they talked about the PUD procedure, and he stated at that time that he would take Mr. Hanus' boundary survey to the City Engineer for his comments and direction as to where the future location of West 79th Street should be so that Mr. Hanus could proceed with the planning of his property. The City Engineer made a recommendation at the last Council Meeting regarding the location of West 79th Street. The road should follow the existing West 79th Street that is, just north of the existing private properties, and be 50 feet in width and be built to 9 ton standards and a 26 foot width would be adequate if there is no parking along the street. The street is no longer existing and would have to be built up in order to provide access to Mr. Kurvers. Mr. Hanus stated his plans depend upon where the road is going to be and how wide it will be. I Mayor Klingelhutz asked if the Council felt any action should be taken against Mr. Hanus at this time or should the City let him try to work out some satisfaction with the abutting property owners about road access and other things before the Council proceeds. Councilman Shulstad I I I Regular City Council Minutes September 15, 1975 -7- stated that if there are any possibilities for the road he would suggest they be explored. Councilman Kurvers was asked if he was satisfied with what has been done up to this time. He stated it was not for him to answer at this time because he is involved. He stated that some of the things that were brought up this evening he wasn't aware of before and some of them he fully accepts. He would like to see something done as far as the City is concerned. Councilman Hobbs stated he felt this is a very sèrious thing when you dig up a road. He thinks the City should do what it can to get it settled. "I don't think we should overlook the fact that the road is no longer there. It upsets me very much that something like this could take place." Councilman Neveaux stated that he felt that one more shovel full of dirt or anything should be done until the whole issue is resolved. He asked the City Attorney if he felt the City had the situation ground to a halt where we don't have to worry about it. The City Attorney stated he thought so. At the City level it is going to be a planning process. Councilman Neveaux suggested that an, analysis should be made of all costs incurred by the City, legal advice, planners advice, engineers advice, and billed to Mr. Hanus. The City Attorney stated he has repeated verbal assurances from Mr. Gregory, Land Department Milwaukee Railroad, that Mr. Hanus will not get a purchase agreement for the land until such time as he presents written evidence that he has resolved his differences with the City. The City Attorney feels no further steps are necessary at this time provided it goes along as indicated. The City Attorney will maintain a vigilant eye on activity on the railroad, Hanus, Klingelhutz, Kurvers, and Ready Mix properties. A motion was made by Councilman Shùlstad and seconded by Councilman Hobbs to instruct the City Attorney that if he deems it necessary to take action on this property that he be allowed·to do so. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. councilman Kurvers abstained. Motion carried. PROJECT 75-5 ASSESSMENT PROCEDURE: The City Engineer in a letter dated September 11 setforth the assessment procedure for this project. One unit assessment was assumed for each 100 buildable feet abutting the improvement. The units counted were 1 unit for Gary Carlson on Lot 6, three for Gary Carlson on Lot 4, three for Vernon Peterson on Lot 7, and three for Howard Verlo on Lot 3. The six units for Vernon Peterson and Howard Verlo were to be deferred. The total estimated cost $10,384 would be assessed against Mr. Carlson's property and Mr. Carlson would receive credit against future sanitary sewer assessments for the excess he paid over the four units actually owed. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to table action. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Regulqr City Council Minutes September 15, 1975 -8- OLD VILLAGE HALL AREA - PARKING DISTRICT: Harry Pauly, Bernie Schneider and Adolph Tessness were present. The CBD Committee met on September 9 and recommended to the City Council that a parking district should I be established for the area near the Old Village Hall and that the City authorize ~ feasibility st~dy for ~he.inst~llation of,a parking lot as soon as posslble. The Plannlng Commlss~on dlscussed thls on September 10 and concur with the CBD recommendation also that if a feasibility study were ordered a landscape architect be retained by the City Engineer to help with the design of the parking lot. Berhiè Schneider - I think the recommendation of the parking district is just a restatement of the CBD's original recommendation of two years ago that parking districts be established and what we are doing is requesting that the City Council authorize a study of a particular area to determine what the costs involved are and the actual construction of a parking lot which could include certainly the electrical for a lighted parking lot and then come up with a method of assessment to the affected businesses in the particular area. We are not talking wholely with the south side of the street if this goes further to extend to the north side of the street, this area should also be assessed and given credits for setting up this particular parking district. The reason for this entire action at this time is because of the Bicentennial Commissions request to upgrade the Old Village Hall and make a I City Park in that particular area. We feel we would not take any new action on the request of the Planning Commission that we reconsider because the records show that at three times in the past the CBD has recommended that the Old Village Hall be removed from the site. It will not be an improvement as far as the downtown business district is concerned. We would like to see the City authorize the study and along with the study would be the costs and a hearing be held at that time as to what is going to be the method of assessment. There has to be some exchange of land between property òwners to the benefit of all the people affected. We do not feel the vote at the last meeting because Mr. Bloomberg and Ann Koltyk were absent, in any way changes something that the overall committee recommended two years ago. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad that the Council authorize the City Engineer to do a feasibility study on the establishment of a downtown parking district south of West 78th Street and west of Great Plains Blvd. taking into account the possibility of using a landscape architect as recommended by the CBD and Planning Commission and that the engineer work closely with the owners and the CBD with the intent of maintaining the Old Village Hall at the original I site. The study be completed within 30 days. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Bernie Schneider - I would like to know the reason that this has to be part of the motion. You have three separate Regular City Council Minutes September 15, 1975 -9- I recommendations by the CBD that the Old Village Hall be removed from the site. The Planning Commission thinking is different but I cannot see any reason why the City Council has to tie in the restoration of the Old Village Hall along with this parking district. The City Council up to this point has not made the decision to renovate the Village Hall. We are talking about cost $10,000 - $15,000. Can the City Council justify spending that type of money on the Old Village Hall. We say it should be preserved out on Lake Ann Park or someplace but not in the present location. It does not give character, in our opinion, to that area. REMODELING PERMIT - BROWN'S STANDARD: Gary Brown was present requesting a building permit to put a roof on a trash container. A motion was made by Councilman Shulstad and seconded by Councilman Neveaux that Brown's Standard be issued a permit to build a roof on the storage area and that the block wall be covered with brick facing. The remodeling to be completed by July 1, 1976. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. HOUSE MOVING PERMIT: The property is located at 3734 Hickory, Red Cedar Point. The house to be moved in is valued at $26,000. The Planner stated that the front yard width does not meet the provisions of the ordinance. The front yard width is 80 feet. I A motion was made by Councilman Shulstad and seconded by Councilman Neveaux that a moving permit be granted for Sidney Krueger with the provision that the front yard provision be waived so that the house may be moved onto Lots'27 and 28, Block 1, Red Cedar Point. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. MUTUAL AID DRILL: Jack Kreger, Fire Chief, was present requesting permission to close West 78th Street for approximately 45 minutes in order to have a mutual aid drill with a number of surrounding cities. A motion was made by Councilman Shulstad and seconded by Councilman Neveaux that the mutual aid drill as described in the Fire Chief's letter of September 8 be approved. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shu1stad, and Kurvers. No negative votes. Motion carried. JEEP: A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to authorize the Fire Department to give Mr. Phil Aldritt back his 1942 Jeep. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. I RESOLUTION #75-29 OFFICIAL DEPOSITORY: Councilman Neveaux moved the adoption of a resolution regarding signature card agreement for City accounts at the State Bank of Chanhassen. Resolution seconded by Councilman Hobbs. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Regulqr City Council Minutes September 15, 1975 -10- SHERIFF'S REPORT: A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to table action on the Sheriff's Report until next Monday evening. The following voted in favor: Mayor Klingelhutz, I Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. COpy EQUIPMENT: The Administrator will send copies of the proposals to the Council. A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to adjourn. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Meeting adjourned at 12:00 ß~~ Barry B~okS Clerk-Administrator I I