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1974 06 17CHANHASSEN CITY COUNCIL MINUTES - June 17, 1974 - Public Hearing Regarding the Proposed Storm Sewer Drainage and Streets The Public Hearing regarding the Proposed Storm sewer drainage and street was called to order by Mayor Klingelhutz on June 17, 1974at 7:30 p.m. The following members were present: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. PERSONS PRESENT: Earle Polzin, Maintenance M.H.D., Kenneth R. Schrader, M.H.D. Hydraulics, William Huskins, Jr., Minnetonka School District, Eugene Coulter, Donald Hanus, C.R. Cewl, Milwaukee Railroad, W.C. Whitham, Milwaukee Railroad, Martin Ward, Louise Bleed, M.E. Bleed, Frank Kurvers, Leslie Renner. The official notice of Public Hearing as published in the newspaper was read by the Administrator. Councilman Kurvers asked to be removed from the formal discussion of the meeting because he is directly involved. Frank Laska, the City Engineer explained the three alternate plans. The engineer's recommended alternate "B" for this project. The cost projected estimates would be as follows under Alternate "b ": 1. Frontier Development Park Storm Sewer System 16,700.00 2. Improvement of 79th St. (36 foot roadway) 64,700.00 3. Storm drainage system at southwest corner of Trunk Hwy. 101 and 5 38,700.00 Martin Ward asked how deep and wide the ditches would be? Mr. Laska stated they would be approximately 15 feet wide and 10 feet deep. This would be on the south side of Highway 5 running east to Hwy. 101 and running south on Hwy. 101 about 600 feet. The water then would cross under Hwy. 101 and drain into the ravine which drains into Rice. Marsh. In order to construct the ditch, it would need additional property easements from Martin Ward. Mr. Ward wanted to know why the water couldn't be drained on the East side of Hwy. 101 instead of his property? Mr. Laksa stated if Mr. Ward ever wanted storm sewer drainage in the future this proposed system could be used. The Highway Dept. will not want to cross the Highway in two spots. Mayor Klingelhutz asked the engineers what the cost difference would be to put in a pipe instead of an open ditch? Mr. Laska stated it would cost about $30.00 a foot and about $20,000.00 to put the pipe underground. Mr. Kurvers asked how much water flows directly in front of the Legion Club from the North side of the road flowing southerly, through the culvert into this area? Mr. Laska stated some water from the station drains into this area. Mr. Laska stated the reason for a proposed open ditch now would be that when Mr. Ward's property is developed, underground pipe could be installed and then if it wasn't put in the correct place the pipe could be obsolete. CHANHASSEN CITY COUNCIL MINUTES - June 17, 1974 - Public Hearing Minutes on Frontier Development Park, Continued. Councilman Neveaux stated he felt a 12 foot open ditch along Highway 101 didn't sound like it was too safe. Ward Mr. MartinNfelt the persons concerned should have more specific informa- tion. He wants the Council to supply more technical and detailed in- formation to him. The Engineer stated they will work with Mr. Martin Ward with his specific questions. Mr. Schroeder stated his basic concern is the slop in the ditches along Highway 101. Mr. Ward felt that Hwy. 5 has deverted more water on his property. Mr. Cewl feels the Railroad will not benefit from this storm sewer drainage. They will send a letter with a written statement to that effect. He felt Frontier Development Park should pay the entire cost. Councilman Neveaux felt the engineer's should get a proposed cost of this project with the pipe going entirely underground. Mr. Ward is not asking for this storm sewer and he is perfectly content with the way it is. A motion was made by Councilman Neveaux and seconded by Councilman Bennyhoff to continue the public hearing until July 1, 1974 at 7:30 p.m. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. CHANHASSEN CITY COUNCIL MINUTES - June 17, 1974 The regular Chanhassen City Council meeting was called to order by Mayor Al Klingelhutz and was opened with the Pledge to the Flag. The following members were present. Mayor Klingelhutz, Councilmen BEnnyhoff, Hobbs, Kurvers and Neveaux. The Mayor stated that the Highway Dept. will not be present tonight in regards to Highway 101 and 5. MINUTES: A motion was made was made by Councilman Neveaux and seconded by Councilman Bennyhoff to approve the June 3, 1974 Council minutes. The following votedin favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to approve the June 10, 1974 Council minutes as per amendment under hiring Seasonal Park Employees, John Robinson was hired effective June 3, 1974 instead of May 25, 1974. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. PARK AND RECREATION COMMISSION: A motion was made by Councilman Hobbs and seconded by Councilman Neveaux that the Park and Recreation Commission minutes of June 4, 1974 be noted and read. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. CHANHASSEN CITY COUNCIL MINUTES - June 17, 1974 -3- PARK AND RECREATION COMMISSION: A meeting has been set up for June 18, 1974 at 7:30 p.m. with the Carver County Sheriff, Bill Shalow and the City to discuss Police protection at Lake Ann. LAKE ANN PARK: A motion was made by Councilman Bennyhoff and seconded by Councilman Kurvers for no charge for all Senior Citizens, June 19, 1974, for the use of Lake Ann. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. PLANNING COMMISSION: A motion was made by Councilman Kurvers and seconded by Councilman Neveaux that the Planning Commission minutes of June 12, 1974, be noted and read. The following voted in thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. APPROVAL OF BILLS: A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to approve the bills as submitted. 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 Hobbs to approve $5,250.00 instead of $7,000.00 to Widmer Bros. as per recommenda- tions of Schoell and Madson's letter of June 3, 1974. MRS. LES AN DERSON, SPECIAL ASSESSMENTS: Mrs. Anderson was present in regards to her request for deferring assessments until the property is sold. A motion was made by Councilman Kurvers and seconded by Councilman Neveaux that after reviewing all data to deny Mrs. Anderson's request for deferrment of the assessments on her property until it issold. The following voted in favor thereof: Mayor Klingdhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. Mrs. Anderson was advised to come in to the City in September to see if a deferrment will be possible next year. ROY ROESER - CHANHASSEN J.C. LIQUOR LICENSE: Roy Roeser was present request- ing a 3.2 Liquor License for Frontier Days, July 5,6 and 7, 1974. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to grant a 3.2 Liquor License for $1.00 to the Chanhassen J.C.'s for July 5,6, and 7, 1974 for Frontier Days to be sold at Laredo Drive and West 78th St. and Lake Ann Ball fields as per hours stated on the License Application. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. ROBERT BUESGENS REGARDING UNIT CHARGES: Mr. & Mrs. Robert Buesgens were present to explain about the unit charges. Mrs. Buesgens felt the City was as much to blame as they were. She felt they should not have to pay $1,400.00 for permits 65 -73 and 76 -73. Discussion followed. CHANHASSEN CITY COUNCIL MINUTES - June 17, 1974 -4- BUESGENS, CONT: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs for Buesgens to pay 700.00 for Permit 65 -73 and Permit 76 -73. The following voted in favor thereof: Mayor Klingelhutz, Council- men Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. MRS. GRAHAM REGARDING SAC CHARGE: Mr. & Mrs. Graham were present to ex- plain why they are requesting that she be allowed to pay the old charge for the sewer permit instead of the new SAC charge of $300.00. They felt that they were not informed. At this particular time when the notice was delivered to the house it was vacant and they were in the process of moving from California. A motion was made by Councilmen Hobbs and seconded by Councilman Neveaux to direct the City Administrator to contact the Metropolitan Sewer Board and see if they would be in agreement to excuse this charge, because the City recommends it be forgiven, and if they are we will pass it on to Mr. & Mrs. Graham. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. MINNESOTA HIGHWAY DEPT. REGARDING ACCIDENTS: Action on this was tabled until July 15, 1974 at 8:30 p.m. GENE COULTER: Mr. Coulter was present to explain how the Herald Newspaper is coming along. SUPPLYING OF CITY WATER REQUEST FOR: CASE OF THE TOWNHOUSE DEVELOPMENT CALLED "THE KNOLL" IN SHOREWOOD: A motion was made by Councilman Benny- hoff and seconded by Councilman Hobbs for the City Administrator to explore the financial aspect. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. PRELIMINARY ALIGNMENT FOR MSAS 101 FROM COUNTY ROAD 16 TO COUNTY ROAD 17: Frank Laska, the City Engineer, presented the preliminary corridor study on this proposed road. The study is referred to the Planning Commission and the Park and Recreation Commission for reviewal and comments. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to amend the agenda to item 13. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. MINNETONKA SCHOOL BOARD REGARDING WATER ASSESSMENT: Mr. Wm. Huskins was present representing the School Board. A motion was made by Councilman Bennyhoff and seconded by Counclman Hobbs to authorize our legal staff to meet with Minnetonka's legal staff and Board to resolve this matter. The following voted in favor thereof: Mayor Klingelhut, Councilmen Bennyhoff, HObbs, Kurvers and Neveaux. No negative votes. Motion carried. CHANHASSEN CITY COUNCIL MINUTES - June 17, 1974 -5- PLANNING COMMISSION REQUEST FOR LAND USE STUDY: The Planning Commission is requesting a Land Use Study fo the land North of Hwy. 7 by Smith Greenhouse and Cermaks. A motion was made by Councilman Neveaux and Councilmen Bennyhoff seconded the motion to authorize a Land Use Study for the land between Highway 7 in the north area from the Western Boundary of Chanhassen to the intersection of Highway 7 and 41 with the cost not to exceed $1,000.00, and a proportionate share of the cost to be born by Smith Greenhouse and Cermak and future developments and to pursue other shares Shorewood might like to contribute. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. VETERINARIAN CLINIC: seconded by Councilman tional Use Permit and the Permit. The foll Councilmen Bennyhoff, Motion carried. A motion was made by Councilman Bennyhoff and Neveaux to approve the Veterinarian Clinic Condi- authorize the Mayor and the Administrator to sign Dwing voted in favor thereof: Mayor Klingelhutz, Hobbs, Kurvers and Neveaux. No negative votes. MARGARET ROSSING - KENNEL LICENSE: A motion was made by Counclman Hobbs and seconded by Counclman Neveaux to grant Margaret Rossing a Kennel License. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. PROCLAMATION: A motion was made by Councilman Bennyhoff and seconded by Councilman Kurvers to pass a Proclamation supporting the Minnesota Twins. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. A motion was made by Cound-Iman Bennyhoff and seconded by Councilman Hobbs to adjourn the meeting. The following voted in favor thereof: Mayor Klingelhutz, Councilman Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. TIME: 11:50 p.m. C Sharon Loechler Secretary