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1970 09 28 J"'" I I I ~ PUBLIC HEARING ~ U~BAN AND RURAL ~XING PI$TRIÇT ~he Public Hearing was not opened at this time 'as no interested persons were present. CHANHASSEN VILLAGE COUNCIL MINUTES - September 28, 1970 The special Chanhassen Village Council meeting was held on September 28, 1970, int',the Chanhassen Village Hal.1 ~ The following members were present: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Pearson. COUNCIL MINUTES: A motion was made by Councilman Bennyhoff and seconded by Councilman Pearson to approve the minutes of the September 15, 1970, Public Hearing and Special Council Meeting, with the following amendments: The Village Attorney's statement in the 68-3 Project, Public Hearing should be changed from, "Accordingly, it is the judgement of the Council" to "Accordingly, it is the opinion of the Village Attorney". The folløwing voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Pearson. No negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Pearson to amend the Public Hearing minutes on the Seal Coating. Councilman Klingelhutz removed himself as he was affected by this project. The vote on the assessment role is amended to read as follows: Councilman Klingelhutz did not vote. The Mayor changed his vote' to a yes vote so the motion would carry. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Pearson. No negative votes. Motion carried. A motion was made by Councilman Neils and seconded by Councilman Pearson to dispense with the Agenda. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Pearson. No negative votes. Motion carried. EXPLOSIVE ORDINANCE: The Council discussed the proposed Ordinance at length. A motion was made by Councilman Neils and seconded by Councilman Pearson to adopt Ordinance #42, AN ORDINANCE REGULATING THE MANUFACTURE, STORAGE, HANDLING, USE AND SALE OF EXPLOSIVES AND PROVIDING A PENALTY FOR VIOLATION THEREOF, with the following changes: ~ CHANHASSEN VILLAGE COUNCIL MINUTES - September 28, 1970 -2- l. The first sentence of Section 3.04 shall read, "The Council may deny the issuance of any such permit to anyone who:" I EXPLOSIVE ORDINANCE: (cont) 2. Section 3.05. The blanks filled in as follows: The fee of $10.00, for a period of 6 months. The Mayor was called to the phone. Acting Mayor Klingelhutz called for the question on the motion. The following voted in favor thereof: Councilmen Bennyhoff, Klingelhuta, Neils and Pearson. No negative votes. Motion carried. The Mayor was not present. PUBLIC HEARING - URBAN AND RURAL TAXING DISTRICT The Administrator read the published notice of the Public Hearing. A motion was made by Councilman Klingelhutz and seconded by Councilman Bennyhoff to adopt Ordinance #29. The percentage in Section 6 is to be 75%. The lands described in this Ordinance are the same as were published. The following voted in favor I thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Pearson. No negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Neils to adjourn the Public Hearing. The following voted in favor thereof: Mayor 'Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Pearson. No negative votes. Motion carried. -------~----------------------------------------------------------- PUBLIC HEARING - (REASSESSMENT) - PROJECT 67-4 - SUNRISE HILLS SEWER AND WATER Councilman Pearson removed himself as he was affected by this project. The Village Administrator read the published notices of'the Public Hearing. The Administrator explained the total cost of the project and why it is being reassessed. RICHARD PEARSON stated that he realized why this assessment is necessary and feels that it is fair. TED DE LANCEY: I feel that this project started out as a I fiasco and is ending in a fiasco. I feel that the costs are not even close and would indicate that somebody goofed. I wonder if there should be some recourse against the Engineer if his estimates were off this much. ~ I I I ~ PUBLIC HEARING - PROJECT 67~4 (cont) -3- ROBERT SCHOLER stated that he felt that if the cost of the project actually did run over, it would be no more than right that the project would be reassessed. However, the one thing that he was concerned about was, was a thorough check made on the quantities that were submitted and approved by the Engineer. AL JOHNSON: I would hope that this would set a precedent and if future projects run over, they would also be reassessed and not put on general taxes. TED DE LANCEY: I would like to state that I commend the Council for going ahead with the project and assessing it prior to completion which saved the property owners interest costs. But, I feel we received poor engineering services on this project. A motion was made by Councilman Klingelhutz and seconded by' Councilman Neils to adjourn the Public Hearing. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Neils. No negative votes. Motion carried. A motion was made by Councilman Klingelhutz and seconded by Councilman Bennyhoff to assess approximately 50% of the total overage cost and adopt the proposed assessment role stipulating to assess the Wayne Hegman property for one lot for sewer and the other lot in the name of Arthur Larson, the cost of each being $72.50. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz and Nei15. No negative votes. Motion carried. A motion was made by Councilman Neils and seconded by Councilman Klingelhutz that this reassessment run the same period of time as the original assessment. The following voted in favor thereof: Mayor, Coulter, Councilmen Bennyhoff, Klingelhutz and Neils. No negative votes. Motion carried. ----------------------------------~-----------------------~------- PUBLIC HEARING - VACATION OFA9BORETUM DRIVE , The Administrator read the published notice of the Public Hearing. The Mayor stated that he had been called to the phone earlier in regard to this Public Hearing. The owner of the school bus company is objecting to the vacation of this road as it is used to pick up children on the school bus route. DR. SNYDER stated that is is their desire to have only one controlled access to the Arboretum. Also the Arboretum Road would be chained off at night to discourage intruders. ~ I PUBJ¡;QC H:EìAR;QNG r, VACÀ'J;1~ON o~ AJ\ßQJ\;F.;'J;QM D~:rVJ;Eì (oop,t) 1'714..... NEVIN NOLDER stated that he lives on the property that the I Arboretum is purchasing and has children being picked up by the school bus. He feels that the vacation of this road would create a problem for the school bus and the snow plowing in the winter. MRS. ROBERT KELLER: Who would maintain the west section of this road that is in Victoria? ANSWER: Victoria is obliged to maintain roads within the Victoria limits. MRS. JAMES LIPE: I live in Cedarcrest just north across Highway 5 and feel that the vacation of this road would create traffic problems. ROGER LACHMAN: I feel that the vacating of this road (section of road in Chanhassen) would create a traffic problem, as the entrance on to Highway 5 is quite steep and could create problems in the winter. MR. WORM: I agree with the other objections. ROBERT SCHOLER!suggested a possible change in the entrance to the Arboretum which may improve the traffic problem and solve the Arboretum control problem. ED WORM: Why not put gates on the Arboretum property and leave the road as is. I The minutes should reflect that Victoria has not, at this time, vacated the portion of Arboretum Drive that is in Victoria. The Village Attorney recommended that the Council defer further action until a later date. The Mayor continued the Public Hearing until November l6, 1970, at 7:00 p.m. ------------------------------------------------------------------ PUBLIC HEARING - ASSESSMENT - PROJECT 68-1B - CONTINUATION FROM SEPTEMBER 15, 1970 - STORM SEWER The Mayor turned the meeting over to Acting Mayor Klingelhutz as he is affected by this project. The Village Administrator read the Minutes of the Public Hearing September 15, 1970. HUGH FORCIER (Spoke in Hubert Forcier's behalf): He stated that he agreed with the Minutes as read. Also stated that they had had no erosion in the past and that as for debris, the creek is clean and had not created any real problem. He further stated that he felt that the developer of Western Hills would have been obligated to I J"'" I I I ~UBLIC HEARING - PROJECT 68-lB (cont) -5- HUGH FORCIER (cont): put in a storm sewer sufficient to take care of the increased flow. If that would have been done we would not have had a problem. EUGENE COULTER: I am again stating as I stated in the September 1s;-r970, Minutes, that my property should be assessed at a rate of one as all others. A motion was made by Councilman Neils and seconded by Councilman Pearson to adjourn the Public Hearing. The following voted in favor thereof: Councilman Bennyhoff, Klingelhutz, Neils and Pearson. No negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Pearson to approve the proposed assessment roll dated August 7, 1970 and revised September 1, 1970. The following voted in favor thereof: Councilmen Bennyhoff, Klingelhutz, Neils and Pearson. No negative votes. Motion carried. ------~----------------------------------------------------------- SPECIAL COUNCIL MEETING (cont) LOADER: A motion was made by Councilman Klingelhutz and seconded by Councilman Neils to accept the low bid from Ziegler Co. in the amount of $20,573.00 and authorize the Mayor and the Clerk to sign the contract. The following voted in favor thereof;: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Pearson. No negative votes. Motion carried. BUDGET: A public information meeting on the Village Budget and Department progress will be held on October 1, ¡970, in the Chanhassen Village Hall. A motion was made by Councilman Bennyhoff and seconded by Councilman Neils to adjourn. The following voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and Pearson. No negative votes. Motion carried. TIME 10:35 P.M. Adolph Tessness .~ Clerk-Administrator