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1975 10 06 I I I CONTINUATION OF PUBLIC HEARING SANITARY SEWER IMPROVEMENT PROJECT 75-7 OCTOBER 6, 1975, AT 7:15 P.M. Mayor Klingelhutz called the continuation of the public hearing to order with the following members present: Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. The following persons were present: Mr. and Mrs. Donald Schmieg. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to waive reading of the official notice. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Bill Brezinsky explained the project. The Council on August 14, 1975, approved a lot split ,for Michael Sorenson. At the time the lot split was proposed the City Engineer stated the best way to furnish sewer service to both lots would be with a sewer line in Erie Avenue. The estimated cost to install this line is $6,722.00. This cost will be divided among the benefited properties. The Sorenson property would benefit three units but he has already been assessed two units with the original line. Mr. Sorenson will be assessed one unit. The Char- Lyn property east of Erie has about 200 feet of frontage along the proposed sewer line. According to prior assessment policy one unit would be assessed for each 100 feet for a total of two units. The Donald Schmieg property southeast of Erie Avenue would be assessed one unit. Don Schmieg - How deep will the line be? The manhole is not that deep at the end of the street~ Bill Brezinsky - It will be about 12 feet deep adjacent to your property. The line will run down hill to the manhole. An eight foot basement could definitely be served. Don Schmieg - Is there some way I can determine whether that's going to be a buildable lot in the future? Russell Larson - If the City is going to entertain the possibility of assessing this property on the theory that the property receives some benefit because sewer is made available to it that the City has placed itself in a position where it cannot very easily turn them down for a building permit. Don Schmieg - Is the street actually where it is going to be or is it going to be in a different place? Will the street be lowered? Bill Brezinsky - The line will be in the middle of the street. If the project goes ahead we will locate it for the final plans. Usually it is best to keep it where it is. The street maybe lowered somewhat. A motion was made by Councilman Shulstad and seconded by Councilman Kurvers to close the public hearing. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Hearing adjourned at 7:45 p.m. Barry Brooks Clerk-Administrator REGULAR CHANHASSEN CITY COUNCIL MEETING OCTOBER 6, 1975 Mayor Klingelhutz called the Regular Council Meeting to order with the following members present: Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. The meeting was opened with the Pledge to the Flag. I MINUTES: A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to approve the Special Council Minutes of September 8, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to approve the Continuation of Public Hearing Greenwood Shores Sanitary Sewer and Water Project 75-3 Minutes of September 8, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to approve the Continuation of Public Hearing Frontier Trail Street Improvement Project 75-4 Minutes of September 8, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Amend the third paragraph page 7 of the September 15, 1975, Council minutes to read: Councilman Neveaux stated that he felt that not 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. I 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. Change the word Help in the first paragraph under COUNCIL LIAISON to City Personnel in the September 15, 1975, Regular Council Minutes. A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to approve the Regular City Council Minutes of September 15, 1975, as amended. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to approve the 1975 Carver Beach Sealcoating Improvement Project Public Hearing Minutes of September 15, 1975. The following voted in favor: Mayor-Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. Councilman Shulstad abstained. Motion carried. The Administrator was instructed to send a letter to Mr. Robert Wiest explaining what the Maintenance Superintendent will do to remedy the problem. A motion was made by Councilman Shulstad and seconded by Councilman Neveaux to note the Public Hearing Minutes on the Sanitary Sewer Improvement Project 75-7 of September 15, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. I I I I Regular City Council Minutes, October 6, 1975 -2... A motion was made by Councilman Shulstad and seconded by Councilman Neveaux to approve the Special City Council Minutes of September 22, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by. Councilman Kurvers and seconded by Councilman Hobbs to approve the Public Hearing Minutes on the Page House Removal of September 22, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, 'and Kurvers. No negative voteS. Motion carried. A motion was made by Councilman Shulstad and seconded by Councilman Neveauxto note the Public Hearing Minutes on the Re-Assessment of Great Plains Blvd. of September 22, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux,'Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to note the Planning Commission Public Hearing Minutes for Bradley Larson Conditional Use Permit of September 10, 1975. The following voted 'in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carrièd. A motion was made by Councilman Hobbs and seconded by Councilman Shulstad to note the September 10, 1975, Planning Commission Public Hearing Minutes for Clifford Woidà Conditional Use Permit. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux~ Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Kurvers ándsecónded by Councilman Shulstad to note the Regular Planning Commission Minutes of September 10, 1975. The following voted in favor: Mayor Klingelhutz,Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to note the Park and Recreation Commission Minutes of September 16, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by CouncilmanShulstad and seconded by Councilman Kurvers to note the Bicentennial Commission Minutes of September 11, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Mayor Klingelhutz commended the Bicentennial, Commission, especially the Chairman, for the beautiful job they did on the program last Friday evening. HALLA NURSERY: . The Halla Nursery signs have been put up. The Administrator stated that the signs are not the signs approved by the Council nor was a permit issued. The signs state 'exactly what was on the'original drawing submitted to the Council. Regular City Council Minutes, October 6, 1975 -3- The City Attorney suggested that the City Staff call the Halla's tomorrow and tell them they have five hours to get the signs down or the City will take them down. A motion was made by Councilmen Shulstad and seconded by Councilman Kurvers that the Council authorize the City Staff to notify Halla Nursery at the earliest opportunity that their signs which are in violation of the Council's directive be removed within five hours from the time Halla is notified and if they are not removed within five'hours the City be directed to take them down. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. BOARD OF ADJUSTMENTS AND APPEALS: A motion was made by Councilman Kurvers and seconded by Councilman ,Hobbs to appoint Donald Schmieg as an Alternaté'"to t,he Board of Adjustments and Appeals. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. GARY CARLSON 'HOME: The Administrator and Building Inspector went to the Carlson home to check if it 'is a duplex but no one was home. The Administrator stated'that the building permit calls for a single family dwelling and the land is zoned R~l. PROPOSED EXCAVATING ORDINANCE: The City Attorney presented this proposed ordinance. He suggested the Council set the exemption at 150 cnbic yards. Councilman Neveaux suggested that a sentence be added to Section 5.01 that kinds of activities incidental to normal agricultural pursuits provided the dirt is not removed from the property be exempt from the provisions of the ordinance. ' A mining and excavating permit will be drafted by the City Staff to cover the ordinance. The Administrator suggested the Council adopt the Uniform Building Code Fee Schedule by reference. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to direct the City Attorney to redraft the proposed ordinance with the agricultural exemption, the uniform building code fees and a provision that in hardship cases the Council may in its discretion waive or reduce the fees. The Attorney will complete this by the October 20 Council meeting. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux~ Shulstad, and Kurvers. No negative votes. Motion carried. CONDITIONAL USE PERMIT - CLIFFORD WOIDA: Mr. and Mrs. Woida were present. Mrs. Waida presented a letter from the Minnetonka School District stating they have no objection to the proposal. The Woida's would like permission to lease the City owned land near the watertower to graze their horses. The City Attorney will check the title of this property, inspect the site and prepare a lease for $1.00 a year. The lease to include removal of noxious weeds, a fence be constructed of the same quality as setforth in the Conditional Use permit Application, and the City be absolved of all liability. The Woida's will pay for the cost of preparing the lease. I I I I I I Regular City Council Minutes, October 6, 1975 -4'- A motion was made bý Councilman Meveaux and seconded by Councilman Hobbs that Clifford Woida be granted a Conditional Use Permit under Ordinance #47, Section 23 for Lot 31 Murray Hill Subdivision for the stabling of horses. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Thê Council noted that the Planning Commission had asked what does the acreage requirement signify, ,the total acreage of the property or the acreage of the pästure~ãrea?,Crai~Mertz stated it is the pasture area. A motion was made by Councilman Hobbs and seconded by Councilman Shùlstad that the Council approve the apþlication for a Stable Permit for Clifford Woida per the note by the Horse Inspector that is written on the permit. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. CONDITIONAL USE PERMIT - BRADLEY LARSON: Mr. and Mrs. Larson were present. The Planning Commission has reèommended approval. The 4.6 acres is locäted on ehùrêh Roåd. :'Ï'he Adininistrator reädthe letter from David Thiede objecting to'theUstabling ~:¡f"horses' i~ this location. A motion was made by Councilman Shulstad and seconded by Councilman Hobbs that Bradley Larson be issued a Conditional Use Permit for the stabling of horses at 6301 Church Road pursuant to conditions specified ~n Ordinance #56 and Section 23 of Ordinance 47. Thè Conditional Use Permit will have an expiration date of one year so that the Council can review this matter. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Gary Carlson was' present to object to the issuance of a stable permit to the Larsons. A motion was made by Councilman Hobbs. and seconded by Councilman Neveaux that~ the Council approve the Stable Permit for Mr. and Mrs. Bradley Larson for three horses. ',The Horse Inspectors'recommendàtions be followed. The following voted in favor: Mayor Klihgelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Councilman Neveaux asked the Administrator to have the utility Department make a survey of this area in regard to possible drainfield or well problems. BRUCE WATSON - MApLEWOOD ADDITION: The Building InspectÇ>r explained that the covenants for' Maplewood Addition call for a 60 f'oot front yard setback. Apètition was submitted signed by six of the eight pr'operty owners stating they are in agreement with not conforming to the covenants. The Watsons are requesting a 50 foot setback. Ordin'ance #47, Section 3.03 states that the more restrictive covenants would apply rather than the provisions of 'the ordinance. The City Attorney stated there have been a number of violations of the Maplewood Addition Covena~ts by persons living there. . It has been the policy that the City has to take into account more restrictive covenants. The Council would have authority under proper proceeding to grant a Regular City Council Minutes, October 6, 1975 -5- variance in this particular case if the Council felt that there might be some hardship involved. The covenants are renewed every ten years unless by a vote of the majority of the then owners of lots in Maplewood Addition ,is agreed to change said covenants in whole or in part. I A motion was made by Councilman Hobbs and seconded by Councilman Neveaux that the City grant a building permit to Bruce Watson for a new home to be built on Lot 7 Maplewood Addition 50 feet from the property line. The City Council is aware that this does not conform with the covenants of Maplewood Addition but because the Council was presented with a petition from a majority of the property owners in said addition the-Council feels they have waived the covenants in this particular case notwithstanding. Mayor Klingelhutz voted in favor. Councilmen Hobbs, Neveaux, Shulstad, and Kurvers voted no. Motion failed. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux that the City grant a building permit to Bruce Watson for a new home to be built on Lot 7 Maplewood Addition 50 feet from the property line upon receipt of a notarized and dated petition from a majority of the property owners in Maplewood. After the petition has been signed it be filed with the appropriate office at the Carver County Court House. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. In the opinion of the City Attorney the provisions of Section 3.03, Ordinance 47 do not apply. In view of the provision in the Maplewood I Covenants themselves providing for an amendment of the covenants by a vote of a majority of the owners. PROJECT 75-8 LAREDO LANE: Bill Brezinsky presented the plans and 1:, p, cifications for the installation of sanitary. sewer, storm sewer, and w ter. " . RESOLUTION #75-32: Councilman Shulstad moved the adoption of a resolution authorizing advertising for bids for Sanitary Sewer, Storm Sewer, and Water Improvement Project 75-8 Laredo Lane Addition per the plans and specifications submitted by the City Engineer dated September 30, 1975. Resolution seconded by Councilman Neveaux. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. TROLLS GLEN ADDITION: RESOLUTION #75-33: Councilman Neveaux moved the adoption of a resolution to adopt the Trolls Glen Subdivision assessments as setforth in the En~illeer'sletter of September 29, 1975, spreading the assessments against the indicated properties as noted in said letter payable over a period of 13 years to coordinate with the north area assessment payments with interest at the rate of 7% per year. The first installment of said assessments to become payable with taxes due and payable in 1976. Resolution seconded by Councilman Shulstad. The I following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. Councilman Hobbs voted no. Hotion carried. GARY CARLSON ASSESSMENT PROJECT 71-1: RESOLUTION 75-34: Councilman Kurvers moved the adoption of a resolution to assess the Gary D. Carlson property, tax plate 191DO, pursuant to I I I Regular City Council Meeting, October 6, 1975 ...6- the report of the Engineer'~ dated October 10, 1974, spreading the assessment out over a period of 13 years or the balance of the north area sewer service district in the amount of $2,429 plus 15 months interest of $212.54 for a total of $2,641.54. The interest rate being 7%. Councilman Shulstad seconded the resolution. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. RALPH HUTMAKER ASSESSMENTS: RESOLUTION #75-35: Councilman Kurvers moved the adoption of a resolution for the assessment and redistribution of sewer and water assessments both trunk and lateral assessments pursuant to the Engineer's letter of April 16, 1975, tax parcel 449DO, Ralph Hutmakér property, payable over a period of 13 years to coordinate with the north area sewer service district. The first installment payable with taxes in 1976 at an interest of 7% plus 15 months interest. Councilman Neveaux seconded the resolution. ·The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, ë:md Kurvers. No negative votes. Motion carried. EASEMENT ACQUISITION, PROJECTS 75-2 AND 75-3: A motion was made by Councilman Neveaux and seconded by Councilman Shulstadthat the City Attorney be authorized to establish an easement acquisition policy outlined in his letter of September 30, 1975, in regards to the Carver Beach Sanitary Sewer and Water Project 75-2 and also the Greenwood Shores Sewer and Water Project 75-3 andHthat he be authorized to engage the services of a competent appraiser. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. WES SEARLES - PROJECT7l-lE: Mr. and Mrs. Searles were present. The ,Administrator stated Council'approval was needed to pay Doc'Blanchard Enterprises $1,480 for the restoration work as outlined by,the Council. The money will be charged against the project. Mr. Searles stated the work had been completed to his satisfaction. One of his trees still has not been replaced by Minn-Kota. The City Engineer stated he cannot find a March Frost Evergreen at any nursery in ,the area. He cannot even get prices on it. Mr. Searles will have to decide what he feels "he needs for the replacement-of the tree and submit a claim to the contractor. A motion was made by Councilman Hobbs and seconded by ,Councilman Neveaux to authorize payment to Doc Blanchard Ehgerprises in the amount of $1,48D. The money to be charged against the project~ The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Councilman Shulstad left the meeting.' GRADING - WEST 79TH STREET: The City Attorney read his letter of October6~197S, on possible courses of legal ~ction for the unauthorized distruction of West 79th Street. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to table this until the next regular meeting. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Regular City Council Meeting, October 6, 1975 -7- Kurvers. No negative votes. Motion carried. CONDITIONAL USE PERMIT - HANUS PROPERTY ON WEST 78TH STREET: Don Hanus was present. Councilman Neveaux had asked the Building Inspector to inspect the Hanus property on West 78th Street to see if it complies with the Conditional Use Permit. The Building Inspector's report of October 2, 1975, lists the following conditions: a. The bituminous surface that is to be placed upon the westerly parking lot as soon as possible has not been completed. b. The parking surfaces that are to be striped to provide for orderly parking of vehicles has not been completed. c. The fence along the westerly boundary of the premises that shall be replaced and maintained so as to conform to the existing fence at the north property 'line has not been completed. d. The storage garage to eliminate the outside storage of things has been completed, hòwever, things are still stored outside. e. The proposed storage garage has been painted the same color as the existing structures on'the property. I Mr. Hanus stated he feels it will be almost impossible to maintain a good fence in that location. The existing fence is a constant maintenance problem. He plans on sealcoating and blacktopping the parking areas. The striping will not be done this fall. He has all thë storate that he can get in the shed right now. He needs more space. Mr. Hanus stated he knows his business is not the cleanest for the downtown area but he cannot help it right now. He feels he does keep it as clean as he possibly can in the type of work that is done. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to table the matter until October 20 when the Council has a report from the City Attorney. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. I 1976 BUDGET: There will be a Special Council Meeting Saturday, October 11 ~t 8:15 a.m. to discuss the proposed budget. HOUSING REDEVELOPMENT AUTHORITY: Herb Bloomberg and Gail Stone were present requesting a 1976 HRA Budget of $5,000. The money will be used for outside consulting services to keep abreast of federal and state programs. STABLE PERMIT - FRANCO LORIS: The City Attorney stated that he felt Mr. Loris does not have a valid conditional use permit at this time. The City will have to taylor the conditional use permit to the judgement and decree. The conditional use permit, if issued, must not have conditions less restrictive than those established by the PCA through the court order. The City Staff will bring the conditional use permit up to date in reference to the direction of the district court by the first meeting in November. PROJECT 74-1A: Mr. Chuck Towle was present. The total estimated cost of the project is $168,400. Frank Laska was present to explain the increased cost of the project. Mr. Towle asked the Council to put the project out on bids and when the bids are in they can be looked at again. I I I I Regular city Council Meeting October 6, 1975 -8- RESOLUTION #75-36: Councilman Neveaux moved the adoption of a resolution approving the plans and specifications and authorizing the city Engineer to advertise for bids. Councilman Hobbs seconded the resolution. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs arid Neveaux. Councilman Kurvers abstained. Motion carried. The City Engineer will contact the State Highway Department regarding their contribution toward the project. POLICE BUDGET: Commissioner Wayne Holtmeier was present to discuss the proposed police budget. The patrolling has been increased from $5.40 an hour to $7.50 an hour for 1976. FIRE PREVENTION WEEK: Mayor Klingelhutz issued a proclamation to the Fire Department. Because of the dedication and community involvrnent of our local Chanhassen Fire Department, their concern for the safety of our residents, the time they give not only in answering fire and emergency calls besides attending regular trainfug sessions so that they are well qualified to answer these calls, I, Al Klingelhutz, Mayor of Chanhassen, proclaim Saturday, October 11, Chanhassen Volunteer Fire Department Day. BE IT ALSO RESOLVED that all residents of Chanhassen show their gratitude to these men by attending the Annual Firemen's Dance at Waconia's Paradise Ballroom on Saturday, October 11 at 9:00 p.m. BE IT FURTHER RESOLVED that we as citizens of Chanhassen give these men our support throughout the year. A motion was made by Councilman Neveaux and to adjourn. The following voted in favor: Councilmen Hobbs, Neveaux, and Kurvers. No adjourned at 12:30 a.m. seconded by Councilman Hobbs Mayor Klingelhutz, negative votes. Meeting Barry Brooks Clerk-Administrator