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1974 07 01CONTINUATION OF PUBLIC HEARING STORM SEWER AND STREET IMPROVEMENT PROJECT 74 -1A JULY 1 1974, at 7:30 p.m. The Continuation of the Public Hearing from June 17, 1974, was called to order by Mayor Klingelhutz on July 1, 1974, at 7:30 p.m. The following members were present: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, and Neveaux. Councilman Kurvers was absent. The following interested persons were present: David J. Byron, 1910 lst National Bank Building, Mpls. W. C. Whitham, 1006 N. Second St., Aberdeen, South Dakota Kenneth Schrader, Minnesota Highway Department, District 5 C. M. Towle, 320 Midland Bank Bldg., Mpls. E. J. Gavin, Glencoe Martin Ward, Chanhassen C. R. Awe, Montevideo Les Renner, Excelsior Bill Schoell, Schoell and Madson Frank Laska, Schoell and Madson Russell Larson, City Attorney Frank Laska read a report from the City Engineer, dated June 26, 1974, on pipe alternates south of Highway 5. David Byron, Attorney, Milwaukee Railroad - How does the proposal provide any benefit to the railroad. Frank Laska - The railroad property is on the north edge of the storm sewer district. We feel it does contribute to the run off. David Byron - Is the railroad only to be assessed for the storm sewer, not the street? Frank Laska - Yes. E. J. Gavin, Attorney for Martin Ward - You mentioned a blockages; on Mr. Ward's property. What does that consist of and where is it? Frank Laska - The ditches on both sides of Highway 5 fill with water. There is an inadequacy of drainage to the south. Mayor Klingelhutz - There is no culvert under Highway 101 only a ten'inch farm drain tile. There is an inadequacy of the drain tile to take the water run off. Les Renner - I own Lots 5 and 8, Frontier Park. I question how this storm sewer will benefit me. I have high and dry property. Frank Laska - Your lots are vacant not. At the present time the water can pond. When buildings and blacktop are installed the water will run faster. The lots contribute water to the culverts under Highway 5. Kenneth Schrader, MHD - There are two 24 inch concrete culverts through Highway 5 which are basically adequate to handle the drainage north of Highway 5 and carry it through. I don't know more to do in that situation. Continuation of Public Hearing, July 1, 1974 -2- Lloyd Schnelle - Probably Highway 101 is the problem. The Highway Department is depending on the ten inch farm tile to carry all the water. Russell Larson - The City and Minnesota State Highway Department have been sued by Mr. Ward through the offices of E. J. Gavin. Council members received copies of the summons and complaint. Mr. Ward is seeking damages in the amount of $150,000 from the City and State. David Byron - What problems were caused in the area of proposed W. 79th Street during the last recent storm? Mayor Klingelhutz - Proposed W. 79th St. was virtually under water. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to cl e the public hearing. The following voted in favor: Mayor K1i utz, o.nci men Bennyhoff, Hobbs, and Neveaux. No negative vo J o i r/jcar qra. Hearing adjourned at 8:20 p.m. 1 nistrator CHANHASSEN CITY COUNCIL MEETING JULY 1, 1974 The regular City Council meeting was called to order by Mayor Klingelhutz on July 1, 1974, at 8:20 p.m. The meeting was opened with the Pledge to the Flag. The following members were present: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Bennyhoff. Councilman Kurvers was absent. MINUTES: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to note the Public Hearing minutes of June 17, 1974. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Bennyhoff. No negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Hobbs to approve the June 17, 1974, regular Council minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Bennyhoff, Neveaux, and Hobbs. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to note the June 18, 1974, Park and Recreation Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Bennyhoff. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs that the City purchase a resuscitator 15 minute capacity with a pressure gauge. The brand to be the same as the Chanhassen Fire Department Rescue Unit at a cost of about $250.00. The funds to come out of Lake Ann gate receipts. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, and Neveaux. No negative votes. Motion carried. 0 A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux to extend the gate time at Lake Ann Park to 9:30 p.m. for a period of two weeks. If the Park and Recreation Commission feel it should be continued it shall continue on. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, and Neveaux. No negative Chanhassen City Council Minutes, July 1, 1974 -2- votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to note the June 19, 1974, Public Hearing minutes of the Planning Commission. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Bennyhoff. No negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux to note the June 19, 1974, special Planning Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Bennyhoff, Neveaux, and Hobbs. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Bennyhoff to note the June 26, 1974, regular Planning Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Bennyhoff, and Hobbs. No negative votes. Motion carried. LUCIEN SPARKS: Mr. Sparks was present requesting Council approval to file a metes and bounds deed rather than subdivide the property through a formal plat. This 34 acres is located in the southwest corner of Galpin Blvd. and Melody Hill Road. Proposed Tracts A and B have existing homes. A motion was made by Councilman Bennyhoff and seconded by Councilman Hobbs that the Council adopt a resolution to approve the subdivision of this property in accordance with the survey into Tract A and Tract B. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Bennyhoff. No negative votes. Motion carried. The City Engineer's report of June 20, 1974, and all other pertinent information should accompany the above resolution when Mr. Sparks submits his deed to the Court House. MAYNARD HAPPE: Mr. Happe is adding a piece of property to Lot 5, Bluffview Addition. There will be a permanent easement for Lakota Lane and a temporary easement for the circle alongside the limits of the street. A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux to approve this land change. After much discussion the second and motion were withdrawn as the survey shows a five foot strip of land between the cul -de -sac and the next property. Mr. Happe should being in a new survey showing the street to the property line. SARGENT PALMER: Mr. Palmer, 7608 Erie, was present with the problem of raw sewage backing up into his basement during the heavy rainfall on June 6. His. basement is completely finished. The City Attorney stated the City does not have any insurance coverage for this type of claim. Mr. Palmer was asked to submit bills to the City within 30'days for labor, materials, and future clean up costs to eliminate the odor. It was suggested the City should make inspections along this sewer line to find out which homes have sump pumps that are connected illegally to the sanitary sewer. Chanhassen City Council Minutes, July 1, 1974 -3- A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux to table Mr. Palmer's claim until we have the necessary information. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Bennyhoff. No negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Hobbs that the Administrative staff be directed to investigate the.sewer in all areas (the above area first) to determine who has connected their sump pump or surface water to the sanitary sewer system and see that these are unhooked and drained somewhere other than the sanitary sewer. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Bennyhoff. No negative votes. Motion carried. HARVEY ROBIDEAU: Mr. Harvey Robideau was present requesting a rear yard variance to Ordinance 47, Section 7.05, Subsection 4a so he can build a two car garage. The present one car garage was damaged by fire. The property is located on Pleasant View Road. The Board of Adjustments and Appeals minutes of May 14, 1974, were discussed. A motion was made by Councilman Neveaux and seconded by Councilman Bennyhoff to approve the variance. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Hobbs, and Bennyhoff. No negative votes. Motion carried. PUBLIC HEARING ACTION, PROJECT 74 -1A: The Council feels the Minnesota State Highway Department has some responsibility with the drainage problem at Great Plains Blvd. The Council should prevail upon the Highway Department to put in a 48 inch culvert under Great Plains Blvd at Highway Department expense. Bill Schoell will discuss this with the Highway Department. The Council would like to know if there is a culvert under the railroad tracks and whether it drains anything north of the tracks. A motion was made by Councilman Neveaux and seconded by Councilman Bennyhoff to table action on the public hearing project 74 -1A for two weeks until the Engineer has contacted the Minnesota State Highway Department with regards to the possibility of a joint venture of a 48 inch culvert under State Highway 101 and also the question of the possibility of the area north of the railroad tracks being included in the assessment district. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Hobbs, and Bennyhoff. No negative votes. Motion carried. 3.2 BEER LICENSE - VERN ZETAH: Mr. Zetah was present requesting a beer license to sell beer July 27 and 28 at k softball tournament at Lake Ann Park. Proceeds from the tournament and sale of geer to toward uniforms and equipment for his team. The July 16 and 23, 1973, Council minutes were discussed. Sixteen teams will play in the tournament. The Council discussed having a permanent building at the park and letting different civic organizations sell beer on weekends or putting the franchise out on bids. A motion was made by Councilman Bennyhoff and seconded by Councilman Hobbs to grant a 3.2 beer license to Vern Zetah. The fee to be $15.00. The hours for selling to be from noon to legal closing on Saturday and noon to park closing time on Sunday. This will be the last license granted to an individual. The following voted in favor: Mayor Klingelhutz, Chanhassen City Council Minutes, July 1, 1974 -4A 1 Councilmen Bennyhoff, Neveaux, and Hobbs. No negative votes. Motion carried. TWIN HILLS STABLES: The June 26, 1974, Planning Commission minutes were discussed. Letters from'the following persons have been received by the City: Mr. and Mrs. G. Whiteman L. L. McBurney, 5725 Merry Lane Mrs. Donald Goodman, 5570 Shore Road William King, Route #4, Box 88 Mrs. Philip Tryon, 6090 Ridge Road Wallace Dayton, 505 Peavey Bldg., Mpls. Merrill Bartlett, 1050 Pleasant View Road Nancy Larson, 6140 Ridge Road Margaret Parker, 790 Pleasant View Road Anthony Lane, 5660 Christmas Lake Point Hollow Haven Farm, 8411 Great Plains Blvd. A. S. Reynolds, 5950 Ridge Road A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to direct the City Staff to initiate investigations of Twin Hills Stables with a representative of the Minnesota Department of Agriculture and make a report to the Council stating ways that the operation of the stables will insure a non - polluting atjnmegj�hEee. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Hobbs, and Bennyhoff. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Bennyhoff that the Council noted they had received correspondence from the people of the Christmas Lake area concerning Twin Hills. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Bennyhoff. No negative votes. Motion carried. CARVER BEACH DEVELOPMENT GUIDE: Planning Commission minutes of June 26, 1974, were discussed. A motion was made by Councilman Hobbs and seconded by Councilman Bennyhoff to adopt the Carver Beach Development Guide as an amendment and addition to the City Guide Plan. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Bennyhoff. No- negative votes. Motion carried. Three Carver Beach residents were present to discuss the dust problem on the streets in Carver Beach. They are mostly interested in having something done on Carver Beach Road and 68th Street. The Council will check into putting oil on the main roads and the approximate cost. This will be on the next Council agenda at 8:30 p.m. CARVER BEACH BOAT LANDING: It was suggested that the Carver Beach Association decide on a way to handle this problem. One possible solution is to put a chain and lock across the boat landing and one or two of the officers in the association could have a key to open the chain. SPEED LIMIT: The Administrator asked the Council to initiate action to reduce the speed limit in Carver Beach and also on 4th Street. Chanhassen City Council Minutes, July 1, 1974 -5- A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to request the Police Department to make recommendations on reducing the speed limit in Carver Beach and on 4th Street. The Administrator pursue these recommendations. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Bennyhoff. No negative votes. Motion carried. CBD: A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux to approve the concept of City control over the parking lots. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Bennyhoff. No negative votes. Motion carried. MSAS - 101: A motion was made by Councilman Bennyhoff and seconded by Councilman Hobbs to order the feasibility study on MSAS -101. The following voted in favor: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, and Neveaux. No negative votes. Motion carried. BICENTENNIAL COMMUNITY APPLICATION: A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux that the City of Chanhassen wishes to join the Bicentennial. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Bennyhoff. No negative votes. Motion carried. The Mayor appointed the following to serve on the Bicentennial Commission: Walter Hobbs, Council, Chairperson Mariana Shulstad, Planning Commission Richard Lyman, Park and Recreation Commission Harold Lund, Chamber of Commerce Fred Dickison, Fire Department A motion was made by Councilman Neveaux and seconded by Councilman Bennyhoff to approve the above named to the Bicentennial Commission. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Bennyhoff. No negative votes. Motion carried. LAWCON: A motion was made by Councilman Bennyhoff and seconded by Councilman Hobbs to let the West Junior High Committee make preliminary LAWCON application on the piece of property south of the West Junior High School with the understanding that they are not asking for any commitment of funds from the City. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Bennyhoff. No negative votes. Motion carried. CITY HALL REMODELING: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs that the City Hall remodeling committee chairman be directed to complete the remodeling within the next three weeks. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Bennyhoff. No negative votes. Motion carried. ABATEMENT NOTICE: A motion was made by Councilman Bennyhoff and seconded by Councilman Hobbs to carry out the instructions contained in the City Abatement Notice of May 6, 1974, to Mr. Ralph Herning. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Bennyhoff. No negative votes. Motion carried. Chanhassen City Council Minutes, aulX 1, 1974 -6- EMERGENCY PLAN: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the Emergency Plan for the City of Chanhassen. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Hobbs to adjourn the meeting. The following voted in favor: Mayor Kling�e utz, Hobbs, Neveaux, and Bennyhoff. No negative vgq The #egtiW adjourned at 12:00 a .m. sir- 6 inistrator 1 11