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1974 07 15CHANHASSEN CITY CQUNCIL MEETING JULY 15, 1974 The regular Chanhassen City Council meeting was called to order at 8:00 p.m. on July 15, 1974, by Mayor Klingelhutz. The meeting was opened with the Pledge to the Flag. The following members were present: Mayor Klingelhutz, Councilmen Neveaux, Kurvers, Bennyhoff, and Hobbs. MINUTES: A motion was made by Councilman Neveaux and seconded by Councilman Bennyhoff to approve the June 17, 1974, and July 1, 1974, public hearing minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Neveaux, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to amend the July 1, 1974, regular Council minutes as follows: LUCIEN SPARKS: The City Engineer's report of June 20, 1974, recommending an assessment change and all other pertinent information should accompany the above resolution when Mr. Sparks submits his deed to the Court House. CARVER BEACH DEVELOPMENT GUIDE: A motion was made by Councilman Hobbs and seconded by Councilman Bennyhoff to adopt the Carver Beach Development Guide dated April 1974 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. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Bennyhoff, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux to approve the July 1, 1974, City Council minutes as amended. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Neveaux, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Bennyhoff to note the July 10, 1974, Planning Commission public hearing minutes for Instant Shade. The following voted in favor: Mayor Klingelhutz, Councilmen Kurvers, Bennyhoff, Hobbs, and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to note the July 10, 1974, Planning Commission public hearing minutes for Smith Greenhouse. The following voted in favor: Mayor Klingelhutz, Councilmen Kurvers, Bennyhoff, Hobbs, and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Kurvers and seconded by Councilman Bennyhoff to note the July 10, 1974, regular Planning Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Kurvers, Bennyhoff, Hobbs, and Neveaux. No negative votes. Motion carried. $ILLS: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the submitted bills for payment but delete 1971 -1B Pittsburgh DesMoines, 1971 -1C Nodlund and Assn., 1971 -1E Minn -Kota, and 1971 -1F Peter Lametti. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Neveaux, and Kurvers. No negative votes. Motion carried. Chanhassen City Council Minutes, July 15, 1974 -2- The Administrator suggested a Council Committee be established to physically inspect each project before the final payment is approved. This committee would make recommendations to the whole Council. The Mayor appointed Councilman Neveaux, Councilman Bennyhoff, and Councilman Hobbs with the assistance of the City Maintenance Department City Engineer, and Administrator to this committee. A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to approve the above named members to the committee. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, Bennyhoff, and Neveaux. No negative votes. Motion carried. SAFETY STANDARDS FOR STATE HIGHW 5: Jim Newland, Assistant District Engineer, Howard Prestin, Traffic Engineer M.H.D. Senator Lord, and County Commissioner Wayne Holtmeier were present to discuss problems along State Highway 5. A memorandum dated July 19, 1973, from the State Highway Department was read by Mayor Klingelhutz. Mr. Newland explained the status of the projects. The intersection of Highways 212 and 169 is now scheduled to let bids in June 1975. The signal lights for Highways 5 and 101 are estimated to cost $75,000 plus channelization and turn lanes at a cost of $125,000. The signals are priority 426. Bids will be let August 1975 with construction in 1976. Channelization should be done at the time signals are installed but money has not been found for this. Dakota Avenue and Highway 5 does not require signal lights at this time. Nothing is programmed for Highways 5 and 41 at this time. Senator Lord stated they tried to create a $200 million bonding bill but failed. He read letters he sent and received from Mr. Crawford, District 5 Engineer regarding Highway 5. Senator Lord stated he would be very glad to arrange a meeting with the Commissioner of Highways. Mr. Newland stated that if a meeting does occur Mr. Charles Burrill, Regional Assistant Commissioner, should be included. Residents from Chanhassen Estates asked that the speed limit on Highway 5 be reduced. Mr. Prestin answered that speed limits are set according to the rate of speed people travel. It is dangerous to significantly lower the speed limit as most people will not obey it. Mayor Klingelhutz presented a petition with 700 signatures of people in Chanhassen to Mr. Newland asking that something be done at Dakota Avenue and Highway 5 and at Highways 101 and 5. The Administrator asked why the Highway Department does not realize that Highway 5 is the main highway traveled east from Norwood due to its link up with 494 and the Crosstown. State Highway 212 is not used as a main highway. Mr. Newland stated this should be brought out at the meeting with the Highway Commissioner. Councilman Neveaux stated our part of the highway backbone system is proposed Highway 212. We should have some interim help on Highway 5 until 212 is built. Mayor Klingelhutz asked if there are any plans to put an additional mat on Highway 5. Mr. Newland stated they have this in mind. Chanhassen City Council Minutes, July 15, 1974 . -3- The Administrator will set up a meeting with Senator Lord, Regional Assistant Commissioner Charles Burrill, Metro Council Member., Metro Transit Member, Representative Jopp, and Council members. LUTHERAN CHURCH OF THE LIVING CHRIST: Mr. William Heinlein presented a Ti - 6 - 0 — contribution to the City from the Church. This is a voluntary tax payment to the City. Mayor Klingelhutz thanked Mr. Heinlein for the contribution. CONDITIONAL USE PERMIT HERBERT BLOOMBERG: A motion was made by Councilman Hobbs and seconded by Councilman Bennyhoff to approve a Conditional Use Permit as set forth in the Fire Marshal's report of July 12, 1974, and Building Inspector's report of July 12, 1974. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Neveaux, and Kurvers. No negative votes. Motion carried. SARGENT PALMER: A motion was made by Councilman Neveaux and seconded by Councilman Bennyhoff that the claim be approved and that Mr. Palmer be paid $350.00. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Bennyhoff, and Kurvers. No negative votes. Motion carried. The City Attorney suggested that in the future formal written claims should be made to the City. COMPLAINT FRONTIER DAYS: Mr. John Havlik, 513 Chan View, was present to complain about the location of the tent and carnival for Frontier Days. He is not against Frontier Days but feels it should not be held near a residential neighborhood. He would like to have the Council take a position on not holding Frontier Days near a residential neighborhood. Councilman Neveaux suggested that some notice should be given to the Frontier Days Committee: that the Council is concerned with some that happened this year and before they get involved with plans for next year they should come before the Council to discuss these problems. LAKE REGION MUTUAL AID ASSOCIATION: Jerry Schlenk, Assistant Fire Chief, explained they want to add St. Bonifacius, Victoria, and Chaska to the agreement. A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux that the Council authorize the Mayor and Administrator sign this agreement. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Neveaux, and Kurvers. No negative vote. Motion carried. BURNING PERMIT - DON HANUS: Don Hanus was present requesting permission to burn elm trees on his property on 79th Street. Jerry Schlenk reported that the Fire Department cannot issue a burning permit on this because of State Laws. Henry Wrase explained that when the trees were knocked down they were disease free but nom they are a perfect breeding spot for dutch elm disease. Mr. Wrase cannot issue a burning permit because the trees were not diseased when knocked down. Don Hanus explained that initially these trees were to be cut up for fire wood. Mr. Wrase stated no elm wood can be stored in the Metro area. Chanhassen City Council Minutes, July 15, 1974 -4- A motion was made by Councilman Neveaux and seconded by Councilman Hobbs that the burning permit be denied in lieu of the Fire Chiefs recommendations. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Neveaux, and Kurvers. No negative votes. Motion carried. ECKLUND AND SWEDLUND: Mr. Len Swedlund was present requesting a waiver to Resolution 911723. Bill Schoell's letter of July 15, 1974, regarding the proposed Eden Prairie trunk sewer line was discussed. A motion was made by Councilman Neveaux and seconded by Councilman Bennyhoff to release the developer from Resolution 911723 and allow the developer to proceed in accordance with Ordinance 47. A written agreement between the City and the developer will be executed. The developer agrees to undertake the procedure at his own risk. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Neveaux, and Kurvers. No negative votes. Motion carried. Mr. Swedlund stated he was willing to go ahead with the planning of this development subject to the sanitary sewer being in this area. He would wait if something happened to delay the sewer. He agreed to go ahead at his own risk. GABBERT, GABBERT, AND BECK: Mr. Warren Beck was present. He stated that since the last Planning Commission meeting they have entered into negotiations with a party for 20 acres of this site. Planning Commission minutes of June 12 and July 10 were read and discussed. A motion was made by Councilman Neveaux and seconded by Councilman Bennyhoff to direct the Planning Commission and the Zoning Administrat to set up a time table of development with Gabbert, Gabbert, and Beck under Ordinance 47, Section 14.05 allowing 90 days for the Planning Commission to complete this action. After which time the Council will direct the City Attorney to initiate the necessary action to change the zoning. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Bennyhoff, and Kurvers. No negative votes. Motion carried. DUST COATING CITY STREETS: Henry Wrase explained the costs for different types of treatment. Streets included are Carver Beach, Yosemite, Bluff Creek Drive, 4th Street, Lakota, 96th Street, and Kiowa. Dust coating with oil will cost approximately $3200,: cloride applied $2500, and cloride applied by City crews $1274. The City Attorney stated that if this is to be assessed a special assessment public hearing is required after the work is completed. Bill Schoell stated the oil would be a better deal and should last until Winter. ' Three representatives from Carver Beach were present to discuss dust coating. Mrs. Deane Nelson stated there will be a Carver Beach Association meeting July 18 to find out the Councils action and costs for the dust coating. The average cost in Carver Beach will run $10 to $15 a home. Mrs. Nelson felt the residents of Carver Beach would not object to paying the assessment. The Council will make a decision at the July 22 Council meeting. Chanhassen City Council Minutes, July 15, 1974 -5- CHAN VIEW EXTENSION: The Administrator suggested the Council authorize bids to lay a 6" mat of asphalt for the City one -half of Chan View between the Post Office and City office. There is 17 feet between Chan View and the City parking lot. The Administrator was instructed to contact the Post Office general contractor to see if they have let bids on the street. This street could be a joint venture with the Post Office. The Administrator will report to the Council July 22. STORM SEWER AND STREET IMPROVEMENT PROJECT 74 -1A: Mr. Martin Ward, E. J. Gavin, David Byron, and C. M. Towle were present. A letter dated July 11, 1974, from the City Engineer was discussed. The Mayor stated a 24" culvert is under the railroad tracks but does not show any indication of water running through it. He asked the City Engineer where is the water north of the railroad track going? Bill Schoell stated it has been ponding then soaking into the ground. I am very sure that no perceptible amount of water goes through the culvert. Mayor Klingelhutz asked how much acreage goes into the pond? Frank Laska - Six acres. Charles Towle - We are very interested in seeing Frontier Park developed and are prepared to pay out obligations for the storm sewer. David Byron - The Milwaukee Road had drainage problems but solved these by digging ditches on both sides of the tracks. There is no benefit to the railroad on this project. E. J. Gavin - There is no reason why Mr. Ward should contribute to the development of Mr. Towle's property when it will benefit Mr. Wards property not one bit. Mayor Klingelhutz - If the storm sewer were put in your land would no longer be flooded and there would be no reason for the lawsuit. Councilman Bennyhoff - There is no question that Mr. Wards property will benefit from the storm sewer as it will no longer be flooded. Mr. Ward just does not want the assessment. Bill Schoell - Would Mr. Ward accept a pipe through his land at of a different location that would be more advantageous for future development of his property. Martin Ward - I am not asking you to drain my land. Just leave me alone. I have no plans to develop my land. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to approve Storn Sewer and Street Improvement Project 74 -1A for Frontier Development Park and land south of State Highway 5 using Alternate B or 2 on the drawing of May 19, 1974, using pipe and authorize the installation of streets, curb and gutter and storm drain system and preparation of final plans and specifications. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, and Neveaux. Councilman Kurvers abstained because he owns land within the project. Motion carried. A motion was made by Councilman Bennyhoff seconded by Councilman Neveaux to adjourn the meeting. The following voted in favor: Mayor Kling ut , o it en Hobbs, Bennyhoff, Neveaux, and Kurvers. No -nega of s mee adjourned at 1:00 a.m. L o chnelle, Clerk- Administrator