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1976 01 19 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING JANUARY 19, 1976 Mayor Klingelhutz called the regular meeting to order at 7:30 p.m. with the following members present: Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. The meeting was opened with the Pledge to the Flag. MINUTES: A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to approve the January 5, 1976, regular Council minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Shulstad to note the December 18, 1975, Bicentennial Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to note the January 14, 1976, Planning Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. LAKE STUDY COMMITTEE: The Council will re-appoint interested members to the Lake Study Committee at the next Council meeting. Councilmen will submit names of persons interested to serve on this committee. The Park and Recreation Commission will be asked if they would structure this committee. BILLS: At this point Mayor Klingelhutz turned the meeting over to Acting Mayor Kurvers. Al Klingelhutz questioned a $35.00 bill charged against Cravens/Klingelhutz Conditional Use Permit. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs that the bills be approved as presented with the exception of the first item on page 4 entitled Cravens/Klingelhutz in the amount of $35.00. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs that the $35.00 Cravens/Klingelhutz item be paid out of the general legal funds of the City. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to take payments to Loren Law out of the Administration Fund. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. UNAUTHORIZED VEHICLES: The Acting Administrator was directed to notify Daniel Klingelhutz that the unauthorized vehicles on his property will have to be removed. PROJECT 75-3 GREENWOOD SHORES SEWER, WATER, AND STREET IMPROVEMENT: RESOLUTION #76-06: Councilman Hobbs moved the adoption of a resolution awarding the contract for construction of the Greenwood Shores Sewer, Water, and Street Improvement Project 75-3 to Erickson Bros., Inc. in the amount of $432,458.50. Resolution seconded by Councilman Shulstad. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Regular Council Meeting January 19, 1976 -2- IMPROVEMENT BONDS: Phil Chenoweth was present to discuss the $2,400,000 bond sale. These projects that are included in the bond sale must be assessed in 1976. I A motion was made by Councilman Neveaux and seconded by Councilman Hobbs that Mr. Chenoweth of Ehlers and Associates be given authority to submit material for a bond rating with Moody's Investors Service of New York. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. The Council will meet with Mr. Chenoweth on Wednesday, February 18, 1976, at 6:00 p.m. to discuss the bids. RESOLUTION #76-07: Councilman Kurvers moved the adoption of a resolution providing for issuance and public sale of $2,400,000 improvement bonds of 1976. Resolution seconded by Councilman Shulstad. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. LIQUOR LICENSE TRANSFER - JERRyrS OLD WEST BAR: Mr. and Mrs. Calvin Hutzler and Hubert Pearson were present seeking a license transfer at Jerry's Old West Bar. They are purchasing the bar and some of the parking lot from Ann Koltyk. Mrs. Koltyk will continue to live above the bar and will manage the bar for them. Mrs. Hutzler stated they have a 4 year option to purchase the restaurant and house. The I Acting Administrator stated that the Police Department has not submitted their report. The City Attorney stated he would like to meet with the applicants. He would like a biographical report as to the management, officers and shareholders of the company. What proposals they advance with respec·t to possible expansion of the operation either through food or remodeling. He will give the Hutzler's a copy of the proposed CBD Parking Lot feasibility study as this property will be involved. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to table action on this application until the first meeting in February when reports will be submitted from the Police Department and City Attorney. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. MINNEWASHTA CREEK FIRST ADDITION: Don Berkey and representatives were present. The hard shell shows a 20 foot utility and drainage easement running from Minnewashta Parkway to Lake Minnewashta along the south property line of Lot 2. The proposed easement is 102 feet long. The City Attorney explained that the developer or platter of a tract of land is obligated to furnish to the City such easements as the city Engineer or City Council deems necessary to provide surface water drainage or utility easements, streets, sanitary sewer or water easements or walkway easements. This easement will replace the unofficial easement which runs across the Lill property. The Council should consider the final plat and resolve the issue of the outstanding account due to the City relating to a previous platting on this property. I I I I Regular Council Meeting January 19, 1976 -3- Don Berkey - First of all, it wasn't my bill. It was the contractors. The water problem was never caused by me. It was caused by the sewer project. All I want to do is get the thing cleaned up. I don't intend to spend a lot of money on it. The property was sold conditional to the plat. Russell Larson - The fee holder was still Mr. Berkey. Ordinance 33 requires the final plat to show such easements for utilities as the City might require. We have to provide in that area some means of draining County Road 15 and contiguous areas, not only the Berkey plat but that drainage area extends up into Pleasant Acres. We need to have an outlet for drainage along County Road 15 and this seems to be the most logical spot. We should have that easement whether his property is developed or not. He is on the outfall end of a rather large drainage area and the owner on the outfall end is subject to the drainage that comes down across his property from other areas. It is the staff's opinion that as a condition of the grant of approval of this plat that he should give us the easement at no cost to the City. Don Berkey - I think we are making a little mistake by assuming something that is not absolutely true. One is that this easement was caused by drainage from a different area that has nothing to do with this property. It is caused by the sewer project that changed the level of the road. The pipe does not go to my area right now. I do have an attorney with me right now. If I don't plat it you are going to have a lawsuit. I think that 20 feet of lakeshore, that maybe a guy doesn't like because there is going to be water running down through it, is pretty valuable property. Councilman Neveaux - That $823.50 as far as I am concerned should be paid before we even consider this project. That was the intent of our motion originally and the intent of the Planning Commission recommendation and the intent of the Planner that those costs should have been paid by Mr. Berkey prior to even the initial consideration of this project. It is an obligation that piece of land owed because of the previous expenses incurred by the City in the review of his proposal for the townhouse development. Mr. Berkey's Attorney - I think Mr. Berkey made you a pretty good offer. He is giving you land worth not $100 but worth considerably more than $800 and he says look, I will make a trade off, if you want to charge somebody for the easement then maybe the man whose ditch has to be filled in and he does get a little benefit, I submit he is getting a great deal of benefit, and I think Mr. Berkey's proposal is a good one. Regular Council Meeting January 19, 1976 -4- Don Berkey - I won't deny I owe the first as I am fee owner but then I want to negotiate the second. I Councilman Neveaux - I look at a 1973 balance of $823.50 of taxpayers money as a debt that is owed by the person that ownes that property and how he has come in and asked for additional favors from the City so that he can subdivide those lots and sell them and make a profit. Part of that profit should come to the City and pay that $823.50 then we will negotiate buying that easement or whatever. $823.50 does not appear to me to be a reasonable price for 102 foot easement when two years before he sold one for $1.00 a foot. Councilman Hobbs - I think the motion of December 1, 1975, pages 3 and 3 of the Council minutes should stand. Mayor Klingelhutz - We should instruct the Planner, Acting Administrator, and Attorney to come up with some solution to the problem before it is put on the agenda again. Mr. Berkey's Attorney - I would suggest that the thing be negotiated and letls forget the platting. Mr. Berkey will pay the $823.50 and it was indicated to him previously that that would not be required it would be negotiated. Under the I circumstances I think forget it, get the easement elsewhere. If you want to require an easement then letfs haggle about that. CIGARETTE LICENSES: A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to approve Cigarette Licenses for the Superamerica Gas Station and Leach's Resort. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. PROPOSED DUCK LAKE TRAIL INTERCEPTOR: The City Attorney updated the Council on the progress of this proposal. Materials have been submitted to the Riley Purgatory Creek Watershed District for their consideration. COMMUNITY DEVELOPMENT BLOCK GRANTS: Gail Stone was present to discuss the program. Information has to be submitted by February 13 to the U. S. Department of Housing and Urban Affairs plus the City has to hold two public hearings prior to that date. Mrs. Stone attended a workshop on the program. These funds that are available to communities primarily for urban renewal and community development. She feels these funds would be appropriate for the Carver Beach Sewer and Water Project. The criteria for these funds is that, first of all it has to be an eligible project. It has to benefit low and moderate income families. It should have an immediate affect on the user. It should be an extension of the area. Anything such as the possibility of environmental effect or effect upon the health and being of the applicants increases the likelihood of getting these funds. The maximum grant is $500,000 and the minimum is $25,000. well I I I I Regular City Council Meeting January 19, 1976 -5- A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to hold a public hearing on the Community Development Block Grant Program on February 2, 1976, at 7:00 p.m. and a second public hearing on February 9, 1976, at 7:00 p.m. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Mayor Klingelhutz appointed Mariana Shulstad, Phyllis Pope, Tim and Gail Stone and himself to a citizens committee. MSAS 101: A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to rescind the Council motion of November 17, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. RESOLUTION #76-08: Councilman Shulstad moved the adoption of a resolution approving MSAS 101 Road Alignment and Right of Way Acquisition. Resolution seconded by Councilman Hobbs. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. PROJECT 75-2: A motion was made by Councilman Shulstad and seconded by Councilman Neveaux that the letter agreement of December 15, 1975, between the City of Chanhassen and Mr. and Mrs. Hibbert Hill be rescinded. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Shulstad to accept the letter agreement submitted by the City Attorney under date of January 12, 1976, concerning easement #22 Hibbert Hill property. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. MINNEHAHA CREEK WATERSHED DISTRICT: Bill Brezinsky reported that the watershed District has $15,000 available for funding waterways maintenance projects in the watershed district. He has talked with the District Engineers about two projects in Chanhassen, the Berkey drainage way being one. The Engineer felt this might qualify if we could show that the problem existed prior to the sewer and water installation. Bill Brezinsky felt it could because most of the runoff comes from Pleasant Acres and always did and the sewer and water project did not substantially change the runoff area. The other project is the drainage ditch at 62nd Street. The District Engineer felt this would qualify for funds. If approved, the district would pay half of the cost of the project. The Engineer was told to make every effort to get funding on these projects. AMENDMENT TO COMPREHENSIVE SEWER PLAN: RESOLUTION #76-09: Councilman Neveaux moved the adoption of a resolution Amending Chanhassen's Comprehensive Trunk Sewer Plan of May 1, 1971. Resolution seconded by Councilman Shulstad. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Regular Council Meeting January 19, 1976 -6- SHADE TREE: RESOLUTION #76-10: Councilman Shulstad moved the adoption of a resolution Authorizing Filing of Application for Grant to Support Residential Property Owner Subsidies under the Provision of Minnesota Statutes, Section 18.023. Resolution seconded by Councilman Neveaux. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. METROPOLITAN COUNCIL CAPITAL IMPROVEMENTS PROGRAM: Dick Dutcher and Randolph Herman were present. The City Planner will prepare a statement from the City to be read into the record at the January 21 public hearing. Points discussed for the statement were: 1. The City should point out the history of park planning in this area particularly the proposal of Chanhassen and the West Junior High to include the parcel of land south of the school. 2. The City should point out the community support for the park because of the active recreational area south of the school and the potential for a regional wide trail system to connect the Minnewashta site with the Lake Ann Park with the Riley Park in Eden Prairie. 3. The City Council is in agreement with the acquisition if areas C and D are included. 4. The uniqueness of parcels C and D. 5. Carver County has asked the Metropolitan Open Space Staff for criteria. To date the criteria has not been received. 6. The property owners have not been able to do anything with their land because of the proposed park. Councilman Kurvers will present the statement at the public hearing. Dick Dutcher will also attend. CARVER COUNTY FIVE YEAR CAPITAL IMPROVEMENTS PROGRAM: The Carver County Board of Commissioners will hold a public meeting to discuss the program on February 3, 1976, at 10:00 a.m. RESOLUTION #76-11: Councilman Neveaux moved the adoption of a resolution in support of the Carver County Five Year Highway Improvement Program, 1976-1980, particularly endorsing 1979 construction of CSAH #17 from Trunk Highway 5 to Lyman Blvd. being in positive agreement and consistency with Chanhassen's Municipal Thoroughfare Plan. Resolution seconded by Councilman Shulstad. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. INDUSTRIAL COMMISSION: Due to the lateness of the meeting this will be discussed at another meeting. A motion was made Hobbs to adjourn. Councilmen Hobbs, Meeting adjourned by Councilman Neveaux and seconded by Councilman The following voted in favor: Mayor Klingelhutz, Neveaux, Shulstad, and Kurvers. No negative votes. at 12:00. Jerry Schlenk Acting Clerk-Administrator I I I