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1974 08 19CHANHASSEN CITY COUNCIL MEETING AUGUST 19, 1974 1 1 1 The regular City Council meeting was called to order by Mayor Klingelhutz on August 19, 1974, at 8:00 p.m. The meeting was opened with the Pledge to the Flag. The following members were present: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, and Kurvers. Councilman Neveaux came late. MINUTES: Delete the name of Mrs. Walter Hobbs from the list of Election Judges in t� August 5, 1974, City Council minutes. A motion was made by Councilman Bennyhoff and seconded by Councilman Kurvers to approve the August 5, 1974, City Council minutes as amended. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to note the August 6, 1974, Park and Recreation Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Bennyhoff to table noting the Planning Commission minutes of August 14, 1974, until the next regular Council meeting. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Hobbs to note the July 25, 1974, Bicentennial Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Kurvers, Hobbs, and Bennyhoff. No negative votes. Motion carried. PUBLIC ADDRESS SYSTEM: The Administrator was instructed to check on prices for a public address system for the Council Chambers. There will be a special Council meeting Monday, August 26, 1974, at 8:00 p.m. BILLS: A motion was made by Councilman Bennyhoff and seconded by Councilman Kurvers to approve the bills as presented including Project 73 -7 as recommended by the City Engineer in a letter dated August 13, 1974. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, and Kurvers. No negative votes. Motion carried. TWIN HILLS STABLES: Franco Loris was present. The PCA report has not been completed. It should be ready by September 6, 1974. A motion was made by Councilman Hobbs and seconded by Councilman Bennyhoff to table any action on Twin Hills Stables until the September 23, 1974, Council meeting. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Hobbs to change the regular Council meetings in September to the second and fourth Mondays. The following voted in favor: Mayor Klingelhutz, Councilmen Kurvers, Hobbs, and Bennyhoff. No negative votes. Motion carried. BLUFF VIEW ADDITION: Maynard Happe was present. A letter was received signed by t e abutting property owners approving this replatting. A motion was made by Councilman Bennyhoff and seconded by Councilman Hobbs that the City Attorney and Administrator draft a resolution setting up the improvement, and approval of the variance, with the condition that the City incurs no expense in the Chanhassen City Council Meeting August 19, 1974 -2- improvement of the road. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Bennyhoff. No negative votes. Motion carried. MUTUAL AID AGREEMENT WITH SHAKOPEE: A motion was made by Councilman Kurvers and seconded by Councilman Bennyhoff to approve the Mutual Aid Agreement with Shakopee. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, and Kurvers. No negative votes. Motion carried. PAGE HOUSE, MINNEWASHTA HEIGHTS: This house is located at 3515 State Highway 7. A letter from the fee owner has been received stating he consents to the removal of the building provided it won't cost him anything. The City Attorney stated the City cannot accept this kind of proposal and the City will have to proceed under the Hazardous Building Act. A motion was made by Councilman Bennyhoff and seconded by Councilman Hobbs to instruct the City Attorney to acquire a Court Order. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, and Kurvers. No negative votes. Motion carried. ASSESSMENT HEARINGS: A motion was made by Councilman Bennyhoff and seconded by Councilman Hobbs to ask for the preparation of the Assessment Rolls on the following projects: Western Hills Second Addition Sanitary Sewer, Water, Road, and Storm Sewer Project 73 -2 Lake Susan Sanitary Sewer Project 73 -7 Moline Addition Water Project 73 -9 Buesgens Office Park Water Project 73 -10 Oiling of Streets in Carver Beach by September 9, 1974. These public hearings will be held September 30, 1974, commencing at 8:00 p.m. The following voted in favor: Mayor Klingelhutz, Councilmen Kurvers, Hobbs, and Bennyhoff. No negative votes. Motion carried. CHANHASSEN POLICE DEPARTMENT: Sheriff Bill Schalow and Bernie Drevnick were present to discuss policing problems for Chanhassen and the County and the proposed budget. Sheriff Schalow will meet with the County Commissioners August 20 to resolve the budget. MINNEWASHTA HEIGHTS - LOT 9: Two residents of Minnewashta Heights were present. The Maintenance Department has built the dock extensions. The cost of $193.79 is for the material. A representative of Minnewashta Heights stated they will accept one of two pollible solutions. 1) Restore the lake bottom to its original condition, or 2) the extra dock sections that will cover up the hazardous rocks. The people of Minnewashta Heights wish to commend Bill Schoell and his people for coming out Saturday and helping clean up the area. Bill Brezinsky stated the City Engineer ordered the contractor to put sand on the pipe twice and it washed away both times so rock was placed over the pipe. He does not feel it is the contractors fault. A motion was made by Councilman Bennyhoff and seconded by Councilman Hobbs to table payment of $193.79 until the eastment is negotiated and obtained. After much discussion Councilman Hobbs withdrew his second and Councilman Bennyhoff withdrew the motion. A motion was made by Councilman Kurvers and seconded by Councilman Bennyhoff that if the Minnewashta Heights Association delivers the easement to the City at no cost to the City, the City will pick up the cost $193.79 of the three dock sections. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, and 1 1 f1 Chanhassen City Council Meeting August 19, 1974 -3- Kurvers. No negative votes. Motion carried. ROBERT THOMPSON, VARIANCE FROM ORDINANCE 47: The Board of Adjustments and Appeals reviewed t is request on August 6, 1974. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to approve the variance as recommended by the Board of Adjustments and Appeals in their minutes of August 6, 1974. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, and Kurvers. No negative votes. Motion carried. PROJECT 71 -1A, DAVID ORKE: David Orke of 7331 Fir Tree was present to resolve his driveway problem. His driveway is lower than the street. The City Engineer stated that Mr. Orkes' driveway was installed by his own contractor to match the base course not the final wearing course of the street. A solution to the problem would be for Mr. Orke's driveway contractor to put enough of a tapering mat back toward the house to carry the excess water to the street. There is a 7" drop on the 45 foot driveway. A motion was made by Councilman Hobbs and seconded by Councilman Bennyhoff that unless it can be proven otherwise that the City is at fault it is up to Mr. Orke to resolve the problem himself. Particularly as the suggested burm is not satisfactory. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, and Kurvers. No negative votes. Motion carried. ''' PROJECT 71 -1E; WES SEARLES: Mr. Searles was present to discuss his problems brought about by the sewer project. He asked why four feet had been used on his side of the street. Bill Brezinsky explained that the street was widened to a 26 foot surface and centered in the right -of -way because it is the only road into Red Cedar Point. The original road varried from 20 to 22 feet and was three to four feet off center. Three of Mr. Searles' evergreen trees were moved. One has died and the other two are crooked. These trees were in the street right -of -way. Bill Brezinkky stated this is the responsibility of the contractor to replace and fix the trees. The bank in front of Mr. Searles house is now to steep to cut the grass. The City Engineer will meet with the contractor and Mr. Searles to come up with a satisfactory solution. Councilman Neveaux came at this time. PROJECT 71 -1E, JIM CONNOR: Jim Connor was present to complain about his birch clump that was damaged during sewer construction. This birch clump is located 6 -7 feet off the easement. A maple tree was also damaged. The City Engineer will check to see if these trees are within the easement agreement. APPOINTING A LAKE STUDY COMMITTEE: This will be done Monday, August 26, 1974. STORM SEWER AND STREET IMPROVEMENT PROJECT 74 -1A: The City Attorney explained what was left at the last Council meeting turned on the question of the feasibility of eliminating the Ward easement on the west side of State Highway 101 on the Engineer's map of May 19, 1974 and place that pipe on the east side.of.State-Hi;ghway 101 avoiding taking an easement from Mr. Ward. The Council will have to decide if the pipe should go on the west or east side of State Highway 101. Bill Schoell explained they have studied the areas benefitted from Alternates 2 or 3. Alternate 2 or B on the west side of Highway 101 will serve 14 acres of Mr. Wards property. Alternate 3 or C would provide special benefit for four acres of Mr. Wards property. Chanhassen City Council Minutes, August 19, 1974 '® The cost per acre in Alternate 2 is $1,042 and Alternate 3 is $1,254 per acre. Mr. Larson stated he is informed that as a consideration to the Council decision the to place the pipe in the Alternate 3 position Mr. Ward will dismiss his lawsuit against the City and the State. Mr. Callinan, Attorney for Martin Ward, stated they have no quarrel about the four acres. Mr. Ward is entirely satisfied with the way his property drains now. His drain tile system is working reasonably well and if something goes wrong it is his obligation to fix it. Mr. Larson - Is Mr. Ward aware that in the future if he comes to improve his property that the sole burden of draining that property will be his obligation. Mr. Larson designated the map as Project 74 -1A, Council Exhibit A, dated August 19, 1974. The City Engineer explained that all the land lying below elevation 947 on Exhibit A is the property of Mr. Wards' to be assessed. Mr. Ward was asked if he would accept the assessment of approximately $1',254 --per acre on his four acres if the Council would approve Alternate 3or C. Mr. Ward answered that if everyone else who is affected by the storm sewer will be assessed at the same rate - yes. A motion was made by Councilman Neveaux and seconded by Councilman Bennyhoff that the resolution Authorizing Storm Sewer and Street Improvement Project 7491A be adopted. Change number 2c to read: Construction of a storm water drainage system at the southwest corner of Trunk Highways 101 and 5 consisting of excavation, pipe jacking, sodding, placement of pipe, rip -rap and aprons and employing storm drain system Alternate c (also shown as Alternate 3), on the City Engineers' drawing of May 19, 1974, and designated as Council Exhibit A, dated August 19,1974, and underground stprm drain pipe throughout the entire course of the storm water drainage system along the southerly right -of -way of Trunk Highway 5 and southerly along the easterly right -of -way of Highway 101. The following voted in favor: Mayor Klingelhutz, Councilmen Bennyhoff and Neveaux. Councilman Hobbs voted no. Councilman Kurvers abstained. Motion fails. Required vote is 4/5. A motion was made by Councilman Neveaux and seconded by Councilman Bennyhoff to table this until the next regular meeting September 9, 1974. The following voted in favor: Mayor Klingelhutz, Councilmen Kurvers, Hobbs, Bennyhoff, and Neveaux. No negative votes. Motion carried. MINNEWASHTA WOODS: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the plat by agreement between the City Engineer, Administrator, and the developer and direct the Mayor and Administrator to sign the plat when the agreement has been resolved. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Hobbs, Bennyhoff, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Kurvers to adjou _ The following voted in favor: Mayor Klingelhutz, Councilmen Kurvers, Hob enn f jad.lNeveaux. No negative votes. The meeting adjourned at 12 - a m: d S ch n Jerk- Administrator