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1974 09 09CHANHASSEN CITY COUNCIL MEETING SEPTEMBER 9, 1974 The regular City Council meeting was called to order by Mayor Klingelhutz on September 9, 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, Neveaux, and Kurvers. MINUTES: A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to approve the August 19, 1974, regular Council meeting 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 Neveaux and seconded by Councilman Bennyhoff to approve the August 26, 1974, Special Council meeting minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Kurvers, and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Kurvers to note the Park and Recreation Commission minutes of August 20, 1974. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Neveaux, and Kurvers. No negative votes. Motion carried. The Planning Commission minutes of August 14, 1974, will be on the next Council Agenda. A motion was made by Councilman Neveaux and seconded by Councilman Bennyhoff to note the August 22, 1974, Special Planning Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Kurvers, and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to note the August 28, 1974, Continuation of Public Hearing Planning Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Kurvers, and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to note the Regular Planning Commission minutes of August 28, 1974. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Kurvers, and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux to note the August 27, 1974, HRA minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Kurvers, Hobbs, Bennyhoff, and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to note the August 15, 1974, Bicentennial Committee minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Kurvers, Hobbs, Bennyhoff, and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Hobbs to note the August 26, 1974, Board of Adjustments and Appeals minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Kurvers, Hobbs, Neveaux, and Bennyhoff. No negative votes. Motion carried. Chanhassen City Council Minutes, September 9, 1974 r -2- PLANNING COMMISSION APPOINTMENT: A motion was made by Councilman Neveaux and seconded by Councilman Bennyhoff that Mr. Hudson Hollenback be appointed to fill the unexpired term of David Reed which will expire December 31, 1976. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Neveaux, and Kurvers. No negative votes. Motion carried. In the future the Council would like the Planning Commission to recommend more than one person to fill each vacancy on the Planning Commission. ROY GIESE - VARIANCE FROM ORDINANCE 47: Mr. Roy Giese was present requesting a rear yard variance of 20 feet in order to build a garage. A motion was made by Councilman Bennyhoff and seconded by Councilman Kurvers to grant a variance to Ordinance 47, Section 7, subsection 7.04 as recommended by the Board of Adjustments and Appeals in their minutes of August 26, 1974. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Kurvers, and Neveaux. No negative votes. Motion carried. JOHN R. FITZIMONS - SPECIAL ASSESSMENT: Mr. Fitzimons was present requesting the Council reduce his sewer and water assessment to one dwelling unit. He was assessed for two dwellings; one for his home and one for a dwelling unit over the garage. The room above the garage is used for a sewing room. A motion was made by Councilman Bennyhoff and seconded by Councilman Hobbs to reduce the sewer and water assessment from $8,738.00 to $4,849.00 as shown in the City Engineer's letter of August 28, 1974, and refund the interest and principal paid in 1974. Instruct the Treasurer to certify one assessment plus area assessment for next years taxes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Kurvers, and Neveaux. No negative votes. Motion carried. PETER FRISCH, LEWIS ANDERSON - SPECIAL ASSESSMENTS: Bill Brezinsky explained that this 300 foot wide lot has been divided and recorded. When this lot was assessed it was under a single owner. The property is located on Old Chaska Road and the Hennepin County Line. A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux that according to the engineer's recommendations of August 28, 1974, these assessments be divided and applied against the proper properties. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Kurvers, and Neveaux. No negative votes. Motion carried. JIM VON LORENZ: Jerry Schlenk will investigate this property on Yosemite and report back to the Council. 74-1A, STORM SEWER AND STREET IMPROVEMENT PROJECT: C. M. Towle, Les Renner, Martin Ward, and Ed Callonin were present. The City Attorney read the action taken at the August 19, 1974, City Council meeting. He reviewed Alternates B2 and C3 and costs involved. Bill Schoell explained the difference in the benefitted acreage of Mr. Ward's property in Alternates B2 and C3. Alternate B2 will benefit 14 acres of Mr. Wards property and Alternate C3 will benefit 1 G Chanhassen City Council Minutes, September 9, 1974 -3- 4 acres of Mr. Wards property. Mr. Towle - In view of what the City Attorney has stated that to fight this is not the practical approach and my desire to see this area get started, I certaily would not expect to take any action if the proposal C3 were approved and I would suggest in view of everything let's do that in order to get the job done. Mr. Renner - I would concur with Mr. Towle's opinion however I hate to be bullied into anything. If the City is insured against this sort of thing perhaps you should find out if they would defend the lawsuit. Russell Larson - We certainly will explore all possibilities in that direction. Councilman Hobbs - If we contacted the six other property owners and they all agree not to sue us if we went for Alternate C3 and are willing to pay the additional $200 an acre, I will go along with Alternate C3 with reservations. Mayor Klingelhutz - I feel the only way to go is the most feasible and the most reasonable way for the benefitted property owners. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to proceed on the westerly side of State Highway 101, Alternate B2 in the form of the resolution handed out this evening. The following voted in favor: Mayor Klingelhutz and Councilman Hobbs. Councilmen Bennyhoff and Neveaux voted no. Councilman Kurvers abstained. Motion failed for lack of 4/5 vote. Councilman Neveaux - I don't think Alternate B2 is good economics. I think the position we took on August 19 was the most beneficial for everyone concerned. We have to show the citizens of the City that we do want some progress in this community and that we do want some industrial tax base. Mr. Callonin - The settlement offer that was made on behalf of Mr. Ward at the last meeting, we re- affirm completely as we did before and dismiss the lawsuit if the project goes down the east side of the road. Councilman Bennyhoff - If we want to know the facts of what we are going to be tied into we should know; 1. If we can get an easement on the west or east side of Highway 101. 2. How much hastle are we going to get from the other property owners involved in this project. 3. A very good idea of what this lawsuit is going to cost, and 4. The unknown time delay of the lawsuit. Chanhassen City Council Minutes, September 9, 1974 -4- Russell Larson explained why a 4/5 vote is needed on this motion. If there had been a petition by 350 of the landowners fronting the improvement then a 3/5 vote would pass. I don't think we have anywhere near 35% therefore a 4/5 vote is required. PROJECT 73 -2, WESTERN HILLS SECOND ADDITION: The total cost of this project is 89,745.00 and includes Sunrise Hills Fourth Addition, Western Hills lots on Longview Circle, Outlot C, and the unplatted tract west of Laredo Drive. A motion was made by Councilman Hobbs Bennyhoff to set the interest rate at years. The reason for the extension money situation. The following voted Councilmen Hobbs, Neveaux, Bennyhoff, Motion carried. and seconded by Councilman 72% over a period of seven Df time is because of the tight in favor: Mayor Klingelhutz, and Kurvers. No negative votes. 1 PROJECT 73 -7, LAKE SUSAN SANITARY SEWER: Councilman Bennyhoff chaired this portion of the meeting. The total cost of this project is $82,893.00. A motion was made by Councilman Neveaux Kurvers to set the interest rate at 720 Any lands using this line and the money subtracted off the future assessment of being assessed. The following voted in Neveaux, Hobbs, and Kurvers. Mayor Kli carried. and seconded by Councilman over a period of 13 years. generated from it be the open areas that are now favor: Councilmen Bennyhoff, ngelhutz abstained. Motion PROJECT 73 -9, MOLINE ADDITION WATERMAIN: The total cost of this prof. is 12,322.00. A motion was made by Councilman Bennyhoff and seconded by Councilman Hobbs to set the rate of interest at 72% over a period of 13 years. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Kurvers, and Neveaux. No negative votes. Motion carried. PROJECT 73 -10, BUESGENS OFFICE PARK WATERMAIN: The total project cost is $24,702.00. A motion was made by Councilman Kurvers and seconded by Councilman Bennyhoff to set the interest rate at 72% over a period of three years. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, Bennyhoff, and Neveaux. No negative votes. Motion carried. CARVER BEACH STREET OILING: A motion was made by Councilman Bennyhoff and seconded by Councilman Kurvers to call for an Assessment Hearing on Carver Beach Sealcoating Improvement for September 30, 1974, at 9:30 p.m. The amount of money to be assessed is $14.00 for each residence at 8% interest. Payment be made in one year. The following voted in favor: Mayor Klingelhutz, Councilmen Kurvers, Hobbs, Neveaux, and Bennyhoff. No negative votes. Motion carried. FIRE MONITORS: Fire Chief Jack Kreger was present to explain the need for new fire monitors. Scott and Carver Counties have changed their radio systems and the fire departments have their own radio frequency now. The present eight year old fire monitors are not adaptable to this new system. The bid price submitted is through the Chanhassen City Council Meeting, September 9, 1974 -5- Carver, Scott Fire Contract. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to approve the fire department request for 20 fire monitors, 10 page boys, and one siren monitor at a cost of $7,034.50. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Kurvers, and Neveaux. No negative votes. Motion carried. UNIVERSITY OF MINNESOTA LANDSCAPE ARBORETUM: Schoell and Madson have received a letter from the Arboretum requesting costs for installing City water and sanitary sewer. A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux to authorize Schoell and Madson to bring the sewer and water report to the next Council meeting. 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 Kurvers to adjourn the meeting. The following voted in favor: Mayor Klin e �z, Llmen Hobbs, Bennyhoff, Neveaux, and Kurvers. No n gat' ote eA4g adjourned. , Vj- a wcnnelle C erk- Administrator 1