Loading...
1974 05 20CHANHASSEN CITY COUNCIL MINUTES - May 20, 1974 -1- The regular Chanhassen City Council meeting was called to order at 8:00 p.m. on May 20, 1974 by Acting Mayor Bennyhoff and was opened with the Pledge to the Flag. The following members were present: Acting Mayor Bennyhoff, Councilman Hobbs, Kurvers and Neveaux. Mayor Klingelhutz was absent. MINUTES: A motion was made Hobbs to approve the May 6, amendment: Under Planning Plat" should be added. The Mayor Bennyhoff, Councilmen Motion carried. by Councilman Neveaux and seconded by Councilman 1974 Council minutes after the following commission minutes, paragraph two, "Preliminary following voted in favor thereof: Acting Hobbs, Kurvers and Neveaux. No negative votes. PARK AND RECREATION COMMISSION MINUTES: A motion was made by Councilman Kurvers and seconded by Councilman Neveaux that the Park and Recreation Commission minutes of May 7, 1974 be noted and read. The following voted in favor_ thereof: Acting Mayor Bennyhoff, Councilmen Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. PLANNING COMMISSION MINUTES: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs that the Planning Commission minutes of May 7, 1974 be noted and read. The following voted in favor thereof: Acting Mayor Bennyhoff, Councilmen Hobbs, Kurvers and Neveaux. No nega- tive votes. Motion carried. PUBLIC HEARING MINUTES: A motion was made by Councilman Hobbs and seconded by Councilman Neveaux that all Public Hearing minutes of May 8, 1974 be noted and read. The following voted in favor thereof: Acting Mayor Bennyhoff, Councilmen Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. INDUSTRIAL COMMISSION: A motion was made by Councilman Kurvers and seconded by Councilman Neveaux that the Industial Commission minutes of May 14, 1974 be noted and read. The following voted in favor thereof: Acting Mayor Bennyhoff, Councilmen Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. APPROVAL OF BILLS: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the bills as submitted with the addition of the workmen's compensation bill held over from April 14, 1974. The following voted in favor thereof: Acting Mayor Bennyhoff, Councilmen Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. STORM SEWER DRAINAGE; CASE OF ROBERT SIEREN: Mrs. Robert Sieren was present requesting the City to take care of the drainage problem near her home in Chanhassen Estates. Mr. Schnelle, City Administrator, re- ported that the entire cost of this project would be $660.00. Mrs. Sieren said should pay $330.00 for her share of this problem if this problem is taken care of immediately. Discussion followed. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to approve the construction of the drainage as outlined by the City Engineer, with a contribution of half the cost, not to exceed $330.00, by the property owner, Mrs. Sieren, that the project is approved, but without any warranties on the part of the City of Chanhassen as to the CHANHASSEN CITY COUNCIL MINUTES - May 20, 1974 -2- STORM SEWER DRAINAGE; CASE OF ROBERT SIEREN: (Continued): efficiency of the system, and it will be the obligation of the property owner to keep the channel open so the water may move freely through the area. The fol- lowing voted in favor thereof: Acting Mayor Bennyhoff, Councilmen Kurvers and Neveaux. Councilman Hobbs abstained from voting. No negative votes. Motion carried. SUNRISE HILLS ASSOCIATION: The following persons were present in regards to the Assessment of the Association's Beach Lot: Jim Vohs, R.K. Paxton, John Cousins, Jim Morrison, Julie Kunerth, Helen Morrison, Mary Schuminski, Pam Vohs, Darlene Huseth, Susan Johnson, Lori Paxton, Gary Boyle, Brice Savik, Kristie Kotsonas, Betty Kelly, Dick Pearson, Dan Herbst, John Peters, Marilyn Alden, Dennis Olden, Jack Spalding, Robert Scholer, Howard Meuwissen. Mr. Schnelle, City Administrator, presented the Council with the financial status of this bond. The City Attorney reported the project is well funded and will come out ahead. Discussion followed. Councilmen Hobbs felt a policy should be set up in regards to recreational lots. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux consistant with the policy established in reference to the Minnewashta Park lots, it is moved that all special assessments, for sewer and water serving privately owned recreational beach lots, all payments of all assessments be deferred and that any monies heretofore paid by any owner thereof be refunded. The following voted in favor thereof: Acting Mayor Bennyhoff, Councilmen Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. GENE COULTER- CHANHASSEN NEWSPAPER: Mr. Gene Coulter gave a presentation explaining about an 8 page weekly Chanhassen paper which the businessmen are going to have published by the Chaska Herald. Mr. Coulter asked whether the City could afford to have the minutes printed for this paper. Discussion followed. Mayor Klingelhutz entered the meeting at 9:15 p.m. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to authorize the printing of the official City Council minutes for two months starting June 2, 1974 for this newspaper. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. DEFERRMENT FROM HOOKING UP TO SEWER, MR. SPARKS: A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to deny Mr. Sparks request of not hooking up to sewer as per the engineers recommendations. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carAed. MINNEWASHTA WOODS PUD -1 FOR PRELIMINARY PLAN APPROVAL: The following persons were present in regards to Minnewashta Woods PUD: Mr. Len Swedlund, Lyle Brecht, Bob Bauer, Warren Clague, John Schumacher and Mary Schumacher. Mr. Swedlund gave a brief report on his proposed project. CHANHASSFN CITY COUNCIL MINUTES - May 20, 1974 Page 3' The City Attorney recommends that side yard utility easements of 6 ft. in width be place& on each side property line and rear easements of 12 feet be placed on each lot prior to the filing of the final plat. This is subject to the Engineers recommendation and comments. Mr. Clague stated the people in Minnewashta Manor's reception to the development was good except for the storm sewer. The residents felt the developer should pay for the oversizing of the line from 24" to 30" for future development and not the abutting property owners. They feel the developer is the only benefitted party. The City Engineer stated a 24" storm sewer is adequate for Mr. Swedlund's development. Mr. Swedlund does not feel he should have to pay for oversizing of a pipe when other persons would be benefitting. Mr. Pope has stated he will not develop the 8 acres abutting to Mr. Swedlund's development as long as he owns the property. Mayor Klingelhutz stated that all other storm sewers put in by the City are always paid for by all benefitting property owners. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to approve the proposed preliminary plan and application for rezoning subject to those specified modifications and conditions as are set forth in the various reports of the City staff and consultants. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Bennyhoff to direct the City Attorney to prepare a development contract incorporating the materials specified this evening plus a 24" storm sewer and that a concrete curb and gutter be installed within the contract. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. CONDITIONAL USE PERMIT FOR BAILEY AND ASSOCIATES: Mr. Jerry Bailey explained about the Conditional Use Permit needed for their land, 40.5 acres south of Ches Mar Farms. The land will be used to raise nursery stock for an interim of the land. A motion was made by Ccanailman Hobbs and seconded by Councilman Kurvers that in considering the application of Bailey and Associates for the ` Conditional Use Permit that A. The Council find that the.standards-of Section 23.06 as amended of the zoning ordinance have been _.,-met and B. The conditional use permit be granted subject to the terms and conditions as set forth in the City staff reports and reports of the City consultants. The following voted in favorthereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. LAKE LUCX ROAD: Frank Laska, City Engineer, gave a feasibility report on the corridor for Lake Lucy Road. This project would cost about $150,000.00 of which can be paid for from the State Aid Road Fund. CHANHASSEN CITY COUNCIL MINUTES - May 20, 1974 Page 4 LAKE LUCY ROAD, CON'T: Lloyd Schnelle, City Administrator, will set up a committee to walk this proposed corridor and Frank Laska will clarify costs of the project before a public hearing is set up. STRONG- TOWLE, INC. REGARDING STREET AND STORM SEWER IMPROVEMENTS: This matter was discussed at the May 6, 1974 Council meeting and by the Industrial Commission in December of 1973 and May of 1974. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to call for a public hearing on streets and storm sewer on June 17, 1974 in Frontier Development Park. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. RICHARD ORDAL: A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux to deny Mr. Richard Ordal a building permit to construct a house at the following location: SE% of the NW4 Section 26, Township 116 Range 23W. The denial of this building permit was based on the follow- ing documented material: 1. Park and Recreation Commission minutes dated August 14, 1973 2. Schoell and Madson's (City Engineers) letter dated August 20, 1973 3. Mr. Adolph Tessness's letter (Zoning Administrator) dated May 9, 1973 4. Planning Commission minutes dated February 13, 1974 5. Don Berg's report on soil conditions It was further directed that the City Clerk - Administrator inform Mr. Hauroun and Mr. Ordal of the above action. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. SPECIAL MEETING: A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to hold a special Council meeting on May 28, 1974. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. by Councilman Bennyhoff and seconded the meeting. The following voted in Councilmen Bennyhoff, Hobbs, Kurvers carried. TIME: 12:10 a.m. Sharon Loechler Secretary by Councilman favor thereof: and Neveaux. 1 A motion was made Neveaux to adjourn Mayor Klingelhutz,