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1976 03 01 I I I CONTINUATION OF PUBLIC HEARING CENTRAL BUSINESS DISTRICT PARKll\fG IDT MARCH 1, 1976, AT 7:00 P.M. Mayor KlingeThutz called the continuation of public hearing to order with the following members present: Councilmen Kurvers and Shulstad. Councilmen Hobbs and Neveaux were absent. Several rrembers of the Central Business District Cormni ttee have requested that the public hearing be continued until the first part of April because the ownership of parcels may change and they would like to have this completed before the hearing. Counci1Jna.n Kurvers requested a letter for record from the CBD Committee stating that they want this hearing continued. A rrotion was made by Councilman Shulstad and seconded by Counci1Jna.n Kurvers to continue the public hearing until AprilS, 1976, at 7:15 p.m. The following voted in favor: Mayor Klingelhutz, Councilmen Shulstad and Kurvers. No negative votes. Hearing continued at 7 :10 p.m. Jerry Schlenk Acting Clerk-Administrator REGUIAR CHANHASSEN CITY COUNCIL MEETING MARCH 1, 1976 Mayor KlingeThutz called the rœeting to order at 7 :10 p.m. with the following members present: Councilmen Neveaux, Shulstad, and Kurvers. Counci1Jna.n Hobbs was absent. The meeting was opened with the Pledge to the Flag. MINUI'ES: A motion was rrade by Councilman Neveaux and seconded by Councilman Kurvers to approve the minutes of the Special Council IYeeting of February 9, 1976. The following voted in favor: Mayor KlingeThutz, Councilmen Neveaux and Kurvers. Counci1Jna.n Shulstad abstained. MJtion carried. A rrotion was made by Counci1Jna.n Shulstad and seconded by Council.ræn Kurvers to note the Central Business District Parking IDt Continuation of Public Hearing minutes of February 16, 1976. The following voted in favor: Mayor KlingeThutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. MJtion carried. A motion was made by Councilman Shulstad and seconded by Council.rran Kurvers to approve the minutes of the Special Council rœeting of February 16, 1976. The following voted in favor: Mayor KlingeThutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. J'.btion carried. A rrotion was made by Counci1Jna.n Kurvers and seconded by Councilman Neveaux to approve the minutes of the Special Council rœeting of February 18, 1976. The following voted in favor: Mayor KlingeThutz, Councilmen Neveaux and Kurvers. Councilman Shulstad abstained. MJtion carried. A rrotion was made by Councilman Neveaux and seconded by Councilman Kurvers to approve the February 21, 1976, Special Council minutes. The following voted in favor: Mayor KlingeThutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. I-btion carried. Regular Council Minutes l'-13.rch 1, 1976 -2- A rrotion was made by Councilman Kurvers and seconded by Counci1Jna.n Shulstad to note the Cog Ordinance Ad Hoc Corrnni ttee Minutes of February 16, 1976. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Ivbtion carried. MOUL'ION EASEMENT #24: The City Attorney reported that Mrs. MJul ton will not settle for less than $5,300. He reco11TI\ended the Council approve the acquisition at $5,300. He will not accept any conditions from Mrs. MJulton. A rrotion was nB.de by Councilman Shulstad and seconded by Councilman Neveaux that the Council authorize the City Attorney to acquire the easement required at the sum of $5,300. The following voted in favor: Councilmen Neveaux, Shulstad, and Kurvers. Mayor Klingelhutz voted no. Ivbtion carried. roT 12, AUDI'IOR'S SUBDIVISION #2 EASEMENT: Pete Linsrrayer was present. The City Attorney has completed negotiations with representatives of Lot 12 owners. Bill Brezinsky has staked the line and IDt 12 owners inspected it and had a nB.ll from Bachman's approve the alignrœnt of the proposed pipe. The City Attorney has drafted the easement document and getting signatures. If he cannot get all of the required signatures he will recorrmend condemation. I A motion was rrade by Councilman Neveaux and seconded by Councilman Kurvers to instruct the City Attorney to institute condeIm1ation against those Lot 12 owners who fail to sign the easement docLTITlent. The following voted in favor: Mayor KlingeThutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Ivbtion carried. PARTIAL VACATION OF IDT 22, AUDI'IOR' S SUBDIVISION #2: Harry Pauly was present. I A letter was received from Gene Coulter stating he has no objection to the vacation because it does not impair his access easement. The City Attorney's office assumed that the work involved would be at the expense of the City as it was obtaining an easement from Mr. Pauly without cost and was also completing an abortive vacation proceeding taken by the Chanhassen TOwn Board in 1962. He does not believe that the abutting property owners would be inclined to pay anything for this vacation as they already have the benefit of the use of the land because the road has been abandoned. The road vacation will not in any way impair access to the Coulter, Bongard, williams easement. The vacation would take the form of a conveyance that the separate parcels by Qui t Claim Deed because the fee title is held of record in the City. IDt 22 was not a dedicated platted street and the usual vacation proceedings are not applicable. Any conveyance would reserve to the City an easement for utility purposes over the whole of the conveyed land. The City Attorney recommended an addi tion of a restriction that the tracts would be maintained as open space in perpetui ty. Costs incUrred for this vacation would aITOunt to approximately $200.00. A motion was rrade by Councilrran Neveaux and seconded by Councilman Shulstad that the City Attorney be directed to prepare the necessary docLTITlents to convey property to Harry Pauly, Lawrence Tivy, and Corothy Bongard. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. CDNDITIONAL USE PERMIT RENEWAL - DALE GREEN COMPANY: LaVerne Butler was present requesting renewal of his five year conditional use permit on property located at the southwest corner of Highway 5 and Galpin Blvd. I I I I Regular Council Minutes March 1, 1976 -3- RESOLUTION #76-21: Councilman Neveaux rroved the adoption of a resolution extending the conditional use permit for r::ale Green Company for another five years. Resolution seconded by Counci1Jna.n Shulstad. The following voted in favor: Mayor KlingeThutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Ivbtion carried. 'IWIN HILLS STABLES: The City has received a letter from Bill Gullickson regarding the stable permit for 'TWin Hills. Mr. Loris is in violation of the Stable Ordinance. He has made application but no action has been taken. The City Attorney feels that a permit should be issued subject to the condition that he comply with the Court Order and MPCA requirerrents wi thin a certain period of time. The Acting Clerk-Administrator and City Planner will meet with Mr. IDris to resolve this problem. PIANNING INTERN: The Acting Clerk-Administrator reported that the City Planner is trying to get a planning intern to help in the City Planner's Office. ANIMAL CONTROL ORDINANCE: Several residents of Chanhassen were present. Richard Matthews, Marlene Roufs, Joseph Kenyon, and Karen SWanson of the Dog Ordinance Þ.d Hoc Corrrni ttee were present to discuss proposed changes in the Ordinance. The Conmi ttee recormnended that a fee of $25.00 be charged for private or commercial kennels. This was omitted in the ordinance and should be includ.ed in Section 20. The Corrnni ttee is trying to encourage the licensing of anÌIffils. Several residents objected to the licensing and leashing of cats. A rrotion was rrade by Councilman Shulstad and seconded by Councilman Neveaux to hold a public hearing on the Anirral Control Ordinance on March 29, 1976, at 7: 30 p.m. in the Chanhassen Elementary School. The following voted in favor: Mayor KlingeThutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Ivbtion carried. AIR EXCHANGE SYS'IEM AND HEATING UNIT: Henry Wrase, Maintenance Superintendent, recorrmended the City accept bids from Abel Heating at $925.00 and Robb Electric at $128.88 for the air exchange system and Narkie Heating at $750.00 and Robb Electric at $72.21 for a 220,000 BTU gas heating unit to be installed at the Maintenance Shop. A rrotion was made by Counci1Jna.n Shulstad and seconded by Councilman Neveaux that the necessary bid proposal be accepted per Henry Wrase' s recommendation at a total cost of $1,876.09. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. MJtion carried. A rrotion was made by Council.ræn Shulstad and seconded by Councilman Kurvers that the Council authorize the transfer of $1,900 from code 943 Sealcoating to code 425 Garage. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Ivbtion carried. PARK TRAILER: Henry Wrase received price quotes from the following: Minnesota Valley Manufacturing for a 7000 lb. trailer Minnesota Valley M:mufacturing for a 6000 lb. trailer Roger Bongard for a used 7000 lb. trailer He recommended the Council accept the low quote from Minnesota Valley lb. trailer. $ 975.00 800.00 875.00 for the 6000 A rrotion was rrade by Councilman Shulstad and seconded by Councilman Neveaux that the City purchase the 6000 lb. trailer from Minnesota Valley Manufacturing as recommended by Henry Wrase. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Ivbtion carried. Regular Council Meeting March 1, 1976 -4- TRAC'IOR MOWER: Henry Wrase received eleven price quotes for a 19 HP tractor with 60 inch mower. He reccmmended the Council accept the price quote from Thurk Body and Implement for an Allis Chalmers Tractor in the aITOunt of $2,900.00. A motion was nB.de by Councilman Neveaux and seconded by Councilman Shulstad to accept the recommendation of Henry Wrase to purchase a MJdel 720 Allis Chalmers 19 HP Tractor with 60 inch Ivbwer from Thurk Body and Implement in the aITOunt of $2,900.00. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Ivbtion carried. ARBORETUM DRIVE: The Maintenance Superintendent feels that Arboretum Drive has to be sealcoated this sumner. He will contact the Arboretum to see if they will pay for the materials used. IŒNNETH HUBER - TRAVELING EXPENSES: A motion was nB.de by Councilman Shulstad and seconded by Councilman Neveaux that Kenneth Huber I s interview expenses in the amount of $227.73 be paid. This amount be transferred from unallocated funds to code 402 (City Clerk's Office). The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. J:b negative votes. Ivbtion carried. UTILITY DEPAR'IMENT TRUCK: Jerry Boucher requested the Council purchase a 1956 3/4 ton Ford truck on which to nDunt the sewer rodding rrachine. A motion was nB.de by Councilman Shulstad and seconded by CouncilnB.ll Neveaux that the City purchase a 1956 3/4 ton Ford currently owned by the City of Robbinsdale for purposes of rrounting the sewer rodding machine at a cost of $375.00 plus the present trailer. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. IYbtion carried. MINNESOTA Iv1UNICIPAL AID FORMUL.i\: RESOLUTION #76-22: Council.Iæ.n Neveaux moved the adoption of a resolution in support of H.F. 2143. Resolution seconded by Councilman Kurvers. The following voted in favor: Iv:!ayor Klingelhutz, Councilræn Neveaux, Shulstad, and Kurvers. No negative votes. Ivbtion carried. COMMI'ITEE 'IO STUDY CITY GOVERNMENT: rvayor Klingelhutz appointed Charles Dimler, H. Ronald Berg, Mike Niemeyer, Richard Matthews, and Sylvester Trutnau to a conmittee to study if Chanhassen should seek Plan B or Charter form of government. The conrni ttee will be invited to the next Council meeting to discuss their charge. CURT BREHM: Curt Brehm is entitled to a $33.00 per nDnth increase through the CETA Program. The Acting Administrator recommended this be done. A motion was made by Councilman Shulstad and seconded by Councilman Kurvers that Curt Brehm be given a $33.00 per rronth increase in salary through the CETA Program. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. r-btion carried. BICENTENNIAL CDMMISSION: Councilrran Hobbs has requested $23.76 for Bicentennial Trays to be given to people who have helped with the City Bicentennial Commission. I I A motion was nB.de by Councilman Neveaux and seconded by Councilman Shulstad to I authorize the purchase of one carton of American Revolution Bicentennial Official Comærative Trays #4982 in the arrount of $23.76 plus freight. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. IYbtion carried. I I I Regular Council !'vEeting March 1, 1976 -5- INSURANCE: Premiums for the City's hospitalization insurance have gone up. The employees have net with the insurance agent and voted to recommend the Council approve Guardian Life Insurance Corrpany of America. The coverage would be basically the same as it is now with Prud.ential with the exception that the life insurance would be $12,000 instead of $2,000. A motion was rrade by Councilman Shulstad and seconded by Councilman Neveaux to accept the policy from Guardian Life Insurance Company of America. The following voted in favor: M:iyor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Ivbtion carried. COMMUNITY DEVEIDPMENT BIDCK GRANT: There will be a Physical Development Committee meeting March 4, 1976, at the !'vEtro Square Building. Mayor Klingelhutz and Bruce Pankonin will attend. NATURAL DISASTERS CONFERENCE: A conference on Natural Disasters will be held March 10, 1976, at the Hopkins House. The City Civil Defense Director will attend. A rrotion was made by Councilman Shulstad and seconded by Councilman Neveaux to adjourn. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. !'vEeting adjourned at 10:30 p.m. Jerry Schlenk Acting Clerk~Admìnistrator