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1972 03 05 ~ I I I ~ PUBLIC HEARING - VACATION OF CHAN VIEW - JUNE 5, 1972 The Mayor opened the public Hearing. The following members were present: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. The Administrator read the published notice. FRITZ COULTER stated that if this section of Chan View is closed, he would like to see a 4-way stop sign be placed at the intersection of Frontier Trail and West 77th Street. FRANCES AMHEIN stated that she would like to see this section of Chan View closed. VILLAGE ATTORNEY explained the necessary easements that would be required if this section of Chan View is vacated. FIRE CHIEF stated that there are no objections by the Fire Department or problems that would interfere if Chan View were vacated. POLICE DEPARTMENT recommended that this section of Chan View be vacated because of the safety hazards of the ballfield on the church property and feel that closing this street would solve this problem. VILLAGE ATTORNEY stated that the Village has no obligation to tear up the blacktop and seed or sod if the street is vacated. VILLAGE ADMINISTRATOR stated that both West 77th Street and Chan View between Great Plains Blvd. and Frontier Trail were platted 66' wide. A motion was made by Councilman Kurvers and seconded by Councilman Bennyhoff to adjourn the Public Hearing. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. CHANHASSEN VILLAGE COUNCIL MINUTES - June 5, 1972 POLICE DEPARTMENT: Officer Wallin was present requesting that the Council consider the following: 1. That "No Parking" be extended an additional 30' on the north side of West 78th Street east of Great Plains Blvd intersection. 2. Red flashers be installed on top of the stop sign at the intersection of West 78th Street and Great Plains Blvd. 3. That a "Slow Children" sign be installed at the intersection of Great Plains Blvd. and Santa Fe Trail. Also one at the intersection of Del Rio Drive going onto Santa Fe Trail. ~ CHANHASSEN VILLAGE COUNCIL MINUTES - June 5, 1972 -2- 4. That two (2) "School Zone" signs be placed near the Chanhassen Elementary School. I Amotion was made by Councilman Wolf and seconded by Councilman Bennyhoff that red flashers be installed on top of the stop signs at the intersection of Great Plains Blvd. and West 78th Street as requested. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. A motion was made by Councilman Wolf and seconded by Councilman Bennyhoff that: 1. "No Parking" be extended an additional 30 I on the north side of West 78th Street east of Great Plains Blvd inter- section. 2. A IISlow Children" sign be installed at the intersection of Great Plains Blvd. and Santa Fe Trail. Also at the intersection of Del Rio Drive going onto Santa Fe Trail. 3. Two (2) "School Zone" signs be placed near the Chanhassen Elementary School. The Following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. I A motion was made by Councilman Kurvers and seconded by Councilman Neils to dispense with all formalities. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Kurvers, Neils and Wolf. Councilman Bennyhoff voted no. Motion carried. REFRIGERATOR PROBLEM: Mayor Klingelhutz stated the following: IIIn view of the shocking tragedy that occurred last week in Chanhassen, resulting in two deaths and the conflicting statements and news releases relating to it, I as Mayor of the Village of Chanhassen am requesting a complete impartial citizens committee to be appointed to investigate this matter. I feel strongly that this is imperative at this time in order to restore and retain the confidence and trust of our citizens in their elected officials and their law enforcement officers. As long as I am Mayor, I feel that the safety of all our citizens is primary amoung our concern, I want to emphasize that everything in my power will be done to insure that all safety hazards brought to my attention will be investigated promptly and corrected." Mayor Klingelhutz further stated that the Police Department was done a gross injustice and that no one should be blamed for some- thing they knew nothing about. Further that he, as the Mayor, had not knowledge of any complaint being filed with the Village or of the refrigerator. Councilman Wolf stated that this was a great tragedy and that an investigation will not bring back the two boys. I ~ I I I CHANHASSEN VILLAGE COUNCIL MINUTES - June 5, 1972 -3- Councilman Kurvers stated that he agreed with Councilman Wolf and that we all are somewhat to blame in a tragedy of this nature. Councilwoman Neils stated that no one individual can be held to blame in a case of this nature and she cannot see what a citizens committee inquiry could resolve. Councilman Bennyhoff stated that it's all been said and I do not have anything to add. Mayor Klingelhutz stated that he felt there should be an inves- tigation by an impartial committee but if the Council does not act upon this, it will be dropped. No action was taken. The Village Administrator explained how a complaint form is being used and how complaints are being handled at this time. A copy of this complaint list will be mailed to the Council each Friday. CHAN VIEW VACATION: A motion was made by Councilman Bennyhoff and seconded by Councilman Neils that the section of Chan View between Frontier Trail and Great Plains Blvd. be vacated subject to the necessary utility easements. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. O.E.O.: Wayne Holtmeier was present to explain the New Careers Program and the Emergency Employment Act. General discussion on hiring another employee under the Emergency Employment Act and the transferring of Bill Ballhorn to the New Careers Program. Decision will be reached, by the Council, by Monday, June l2, 1972. WAYNE FRANZDALE: Wayne Franzdale submitted a copy of a petition to the Mayor. Generally Mr. Franzdale spoke against the unit assessment over the entire North Service Area as has been pro- posed. One specific reason was the possible change of route in the Sterling Estates area which would increase the overall cost without increased benefit to Mr. Franzdale's area. KOEHNEN ADDITION: There were a number of residents present complaining about the general condition of their area. A motion was made by Councilman Wolf and seconded by Councilman Neils that the Administrator inspect this area and give a full report to the Council at the next regular meeting, regarding any zoning and nuisance violations. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. -., CHANHASSEN VILLAGE COUNCIL MINUTES - June 5, 1972 -4- ENVIRONMENTAL COMMITTEE: Fritz Coulter and Craig Shulstad were present to summarize the results of the Village sponsored Recycling Day project conducted on Saturday, May 20, 1972. I A motion was made by Councilman Wolf and seconded by Councilman Neils that another Recycling Day which includes, cans, bottles and paper be set for the 22nd of July, 1972. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. Fritz Coulter stated that the trees and debris on the Swedlund property (Highpath Farm) had not been removed yet. Also that there is an abandoned vehicle on Lot 12 of Auditor's Sub. #2. BLUFF CREEK HIGHLANDS 2ND: A motion was made by Councilman Bennyhoff and seconded by Councilman Wolf to approve the final plat and authorize the Mayor and the Clerk to sign said plat. Also granting a variance to Section 10 of Ordinance #33 which requires that the final plat be submitted within 6 months following the approval of the preliminary plat. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. PROJECT 72-1: Frank Laska explained the new map and possible revisions in this project. I A motion was made by Councilman Wolf and seconded by Councilman Kurvers to hold an informal hearing with the affected property owners at the site on June 20, 1972, at 7:30 p.m. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. NORTH SERVICE AREA: The Village Engineer explained the Sterling Estates routes. General discussion ensued. The Village Council will look at the site before next Monday night. The motion was made by Councilman Kurvers and seconded by Council- man Wolf that the Council make a decision on the alignment of the sewer in Sterling Estates on June 12, 1972. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. SEWERS: A motion was made by Councilman Wolf and seconded by Councilman Bennyhoff that the Village Administrator check with the Metropolitan Sewer Board on the capacity of the metro inter- ceptor before any decision is made on the request to allow Eden prairie to use this interceptor. ~he following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and wolf. No negative votes. Motion carried. I COUNTY COMMISSIONER LYMAN: Commission Lyman explained about the Metro Guidelines on the Metro Council approval of a sanitary land- fill site. That the Metro Guidelines are that these sites be approximately 15 miles apart and that there are 2 approved sites wit~~n 15 miles of Çhanhassen. ~ I I I CHANHASSEN VI~~AGE COUNCIL MINUTES - June 5, 1972 -5- COUNCIL MINUTES: A motion was made by Councilman Bennyhoff and seconded by Councilman Wolf that the Minutes of May 15, 1972 be approved. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. BOARD OF REVIEW: A motion was made by Councilman Bennyhoff and seconded by Councilman Neils to approve the Board of Review Minutes of May 22, 1972. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. PARK AND RECREATION COMMISSION MINUTES: A motion was made by Councilman Bennyhoff and seconded by Councilman Kurvers that the Park and Recreation Commission Minutes of May 16, 1972, be noted and read. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Wolf to grant the 4-H permission to use Lake Ann Park as per Park and Recreation Minutes of May 16, 1972. The followtng voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils ,and Wolf. No negative votes. Motion carried. PLANNING COMMISSION MINUTES: A motion was made by Councilman Wolf and seconded by Councilman Kurvers that the Planning Commission Minutes of May 30, 1972, be noted and read. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. BURNING PElli~IT: A motion was made by Councilman Bennyhoff and seconded by Councilman Kurvers that the Village of Chanhassen approve the P.C.A. granting a burning permit to G & L Contracting meeting specific standards as the Fire Chief deems necessary and that any violation of the granted permit will invalidate the permit immediately. Also that no payment will be made for change orders or extra costs incurred in hauling away the trees if the burning permit is revoked because of violations. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff and Kurvers. Councilmen Neils and Wolf voted no. Motion carried. ZONING VIOLATION: The Village Administrator explained the sit- uation where a number of cars (approximately 50) have been located along County Road lO. The owner was notified and instructed to have all cars removed by May 3l, 1972. Owner has removed approx- mately 25 cars and is requesting an extension until June 26, 1972, to complete the removal of all cars. A motion was made by Councilman Neils and seconded by Councilman Wolf to grant the extension until June 26, 1972, requested by Warren Rauch for the removal of all cars. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. CHANHASSEN VILLAGE COUNCIL MINUTES - June 5, 1972 -6- CIVIL DEFENSE: A motion was made by Councilman Bennyhoff and seconded by Councilman Kurvers that the Mayor and the Civil Defense Director attend the Civil Defense School and all expenses incurred be paid by the Village. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. A~otion was made by Councilman Bennyhoff and seconded by Councilman Neils to adjourn. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. TIME - 12:03 a.m. Adolph Tessness Clerk-Administrator -., I I I J " I / j --,-- /" i