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1969 05 05CHANHASSEN VILLAGE COUNCIL MEETING MAY 5, 1969 The Chanhassen Village Council meeting on May 5, 1969, at 8:00 p.m. was opened with the Pledge to the Flag. The following members were present: Mayor Coulter, Councilmen Klingelhutz, Pearson, Hill, and Bennyhoff WESTERN HILLS PRELIMINARY PLAT: Mr. Ward Passe explained to the Council his feelings and concern on the.traffic that Tract A of the proposed preliminary plat would generate past his home on Lake Street. Mr. Allyn Johnson, Don Schoening, Mr. and Mrs. Scott, and Mrs. Erickson also expressed their concern about the traffic both residential and construction that would occur on Lake Street. Mr. Bernard Schneider, President Chanhassen Chamber of Commerce, read the following letter: "At the March 25, 1969, meeting of the Chanhassen Chamber of Commerce, the members passed a resolution endorsing the Hansen & Klingelhutz "Western Hills" subdivision development and urged that the Village Council approve the plat. In viewing the plat and hearing the presentation, the Chamber of.Commerce realized that the approval of the plat.would open up lands for high grade residential development, which would include municipal water and sewer. We believe that future housing developments should be conditioned upon the availability of.municipal water and sewer. The Chamber of Commerce wishes to congratulate the Village Council on their policy of preparing engineering studies to determine the costs of extending municipal facilities to areas in need of these benefits. After receiving the.engineering estimates, the Village Council should make every effort to provide water and sewer to the areas in need and to assess the costs against the benefited properties, provided that'a.e majority of the- landowners join in the request for the municipal facilities. In regard to the Western Hills development, we realize that there is an immediate problem with regard to a road that is being built on a spur or cul -de -sac. We encourage the, Village Council to make an engineering study to determine whether this spur could be extended to a main road connecting with the west onto County Road #17. The Village Council is in a position to purchase land obtain.an.easement through the-private property. Said costs of completion of the road to County Road #17 could again be assessed to the benefited property owners if it is the determination of the Village Council that this is not an obligation of the Village of Chanhassen. It should be considered that at present, we have a limited number of building sites available for development in areas wherein water and sewer-facilities are possible. Failure to grant approval of the Western Hills subdivision would restrict immediate expansion of the Village residential development to a small number of homes.on the eastern edge of the Village. The southwest quadrant of the metropolitan area includes .the Village.of Chanhassen. If the metropolitan growth is to expand to 4 million persons by the year 2,000, we feel that the Village Council should accept the responsibility of expanding the water and. :sewer facilities and the village road.system to encourage high grade development, such as is being proposed by Hansen and Klingelhutz Construction, Inc." Mr. Stan Tarnowski stated that he did not feel there would be an undue amount of traffic and that progress was something the people in this area must become more receptive to. Mrs,. Sally deLancey stated I feel that.the Planning Commission has submitted a list of recommendations and feel that with the amount of consideration that has been given to -the miscellaneous problems that the Council should approve the Planning Commission's recommendations. Mr. Al Barnacle explained the reason he voted no at the Planning Commission meeting on the proposed plat. Reason was he was concerned that all'of the information on this preliminary plat could be presented to the Council to give them sufficient time to study so that they could make a at this meeting. Councilman Pearson suggested that Tract A of the proposed plat not be allowed any development before Spring of 1971. Attorney Larson stated that Councilman Klingelhutz has no conflict of interest on this proposed plat. A motion was made by Councilman Hill and seconded by Councilman Pearson to rezone Tract- A- in- Block'4 and:Tract - B in Block 7 to Residence District Cr With the further- understanding -that the densities be determined by future ordinance. The Articles of Homeowners Association be submitted prior to approval of the planned developments on said Tracts A and-B. The remaining of the lands - to be -- rezoned to Residence District A. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Bennyhoff, Klingelhutz; and Pearson. Noy negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Pearson that a variance from Ordinance No. 33 be granted for thels Collector -- Streets - - to a 60`foot right - of - way with a 36 foot blacktop surface and a - - foot building setback line. Also : variance of 150 feet on "Long`View Circle from the maximum length stated in Ordinance No 33. The following - voted in favor thereof: Mayor Coulter, Councilmen Hill �= Bennyhoff, Pearson, and Klingelhutz. No negative votes. Motion carried. A motion was made by Councilman Hill and seconded by Councilman Bennyhoff that the Council appr-ove'the preliminary plat submitted by Hansen and Klingelhutz dated March 25 and revised March 31, 1969, with the following items - as listed: 1. Lots 1 -6, Block 3, be reduced to five lots, four lots to be 100 foot frontage and -the corner lot to be 120 feet. The Village to refund one water and -sewer assessment. 2. Temporary:- cul= do- sacs'be installed at the ends of Del Rio Drive, Saratoga Drive, Lake Street, and E1 Paso Trail. 3. Major drainage easements across rears lots - of Block 2 be 20 feet. 4. The - intersection of - Lotus Lane and Highland Drive will be drained south on Lotus Lane as the drainage plan indicates. 5. Sunrise Hills Watershed Creek (2). The Eng.ineer's recommendation in letter dated April 25, 1969, be followed to wit: Village Engineer to design a control outlet to be constructed the developers expense at the time they install storm sewers in Tract A. 6. South Carver Beach Creek (3). Accept recommendation in letter dated April 25, 1969, that no improvement is needed at this time. 7. Accept the dedication of a 10.6 acre tract identified as park"' on the preliminary plat and that this dediO -ation thereby fulfills the developers obligation under Ordinance No.'14. Council Minutes, May 5, 1969 -3- 8. That there be no construction allowed in Tract A until another method of egress to serve the area has been approved by the Council. The following voted in favor thereof: Mayor Coulter, Councilmen Hill, Bennyhoff, Klingelhutz, and Pearson. No negative votes. Motion carried. SUNRISE HILLS THIRD ADDITION: Robert Scholer read the following statement to the Council: " I am hereby requesting time on your agenda of May 5, 1969, _ to -ask for reconsideration and approval of the proposed Sunrise Hills Third Addition, comprised of lots 4;5, 6, and 7, Block 2, Sunrise Hills Second Addition. I will agree, as your Engineer has suggested, to pay one additional water assessment of $506.04 in cash', for the one additional lot created upon final. approval of the plat. The $250.00 unit charge would be'paid upon' the connection to new home. The Village should bring one service lead with curb box to the property line, as has been done for other lots in the Subdivision carrying the same assessment. I will further agree to pay $1,068.68 in cash for the sanitary sewer assessment for the one additional lot created. Again the $250.00 unit charge would be paid upon application for connection to a home. Under this arrangement the Village would be expected to assume responsibility for extension of the'sanitary sewer along the back line of Lot. 5. If Council pleases, I am agreeable to the alternate suggestion by the Engineer, that is: assume the responsibility myself for extending the sanitary sewer line across the back of Lot 5. In this situation there would be no additional unit assessment for the one additional lot created but only a $250.00 connection charge." -Mrs. Courtney, Mr. Ralph Thrane, and Mr. Ward Passe stated that they would not object to this proposed replatting. The Village Attorney stated that before a decision would be made it would require a new hearing as per Ordinance #33. A motion was made by Councilman Bennyhoff and seconded by Councilman Klingelhutz that the Council reconsider its motion of November 18, 1968, and approve the replatting of said preliminary plat. The following votes were cast: Councilman Pearson - no, Councilman Hill - no, Councilman Klingelhutz - yes, Mayor Coulter,- yes -, Councilman Bennyhoff - yes. Motion carried. Robert Scholer stated that he was willing to accept the Attorney's decision on the necessity for a new hearing and stand any such costs incurred if this became necessary. 68 -2 WELL: The Village Engineer gave a report on the pump house for the new well and the connection to the municipal system. A motion was made by Councilman Hill and seconded by Councilman Bennyhoff that notice is hereby given that sealed bids, in duplicate, will be received in the office of the Village Administrator, Village Hall, Chanhassen, Minnesota, at 2:00 p.m. local time, May 27, 1969, and then publicly opened by the Village Administrator and Engineer, tabulated and considered by the Village Council on June 3, 1969, in the Council Chambers, for the construction of a 28 foot by 16 foot -4- - pump house at Well No. 2, masonry and frame construction; together with electrical wiring, equipment and controls; and piping, plumbing and chemical feed equipment, which will.be located within the corporate limites of the Village of Chanhassen, Minnesota, and constructed in accordance with the Plans and Specifications as prepared by Schoell & Madson, Inc., Engineers and Surveyors., Hopkins, Minnesota, and as are on file with the Village Administrator'of the.Village of Chanhassen. The following.voted- in,favor thereof: Mayor. Coulter, Councilmen Hill, Bennyhoff, Pearson, and Klingelhutz. No negative votes. ,Motion carried. KENNEL LICENSES: A motion was made by Councilman Pearson and seconded by Councilman Klingelhutz to approve the renewal of Kennel Licenses for Malakowski and Kenyon.,-The following voted in favor thereof: Mayor . Coulter,,_Councilmen -Hill, Bennyhoff, Klingelhutz, and Pearson. No negative votes. ,Motion carried. CRIMINAL PROSECUTION: The criminal prosecution in regards.to violation of Village Ordinances. A motion was made by Councilman Bennyhoff and - seconded by Councilman_ Pearson to.continue the meeting on May 12 after the public hearing. The following voted in favor thereof:-,Mayor-Coulter, Councilmen Hill, Pearson, Bennyhoff, and No negative votes. Motion carried. TIME: 11:30 p.m. Adolph Tessness Clerk- Administrator