1976 03 15
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REGULAR CHANHASSEN CITY mUNCIL MEETING MARCH 15, 1976
Mayor KlingeThutz called the rreeting to order at 7: 30 p.m. with the following rrernbers
present: Councilrren Hobbs, Neveaux, an:1 Kurvers. Councilman Shulstad carre late.
Don Ashworth was present. The rreeting was opened with the Pledge to the Flag.
MINUTES: A motion was made by Councilræn Neveaux and seconded by Councilman Kurvers
to approve the regular Council minutes of March 1, 1976. The following voted in
favor: Mayor KlingeThutz, Councilrren Neveaux and Kurvers. Councilrran Hobbs abstained.
MJtion carried.
CounciJ.nan Shulstad carre arthis time.
A TIDtion was made by Councilman Kurvers and seconded by Councilrran Neveaux to note
the February 25, 1976, Planning Corrmission minutes. The following voted in favor:
Mayor Klingelhutz, Councilmen Neveaux, Hobbs, Shulstad, and Kurvers. No negative
votes. MJtion carried.
mMMUNITY DEVEWPMENT BLOCK GRANT APPLICATION: The City Planner reported that
the grant application was approved by the Metro C01.IDcil and has been forwarded to
BUD offices today.
MINUIES : A motion was made by Councibnan Shulstad and seconded by Councilman
Neveaux to note the February 17, 1976, Park and Recreation Commission minutes. The
following voted in favor: M:t.yor Klinge Thutz , Councilmen Hobbs, Neveaux, Shulstad, and
Kurvers. NJ negative votes. MJtion carried.
A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to note
the M:t.rch 2, 1976, Park and Recreation Commission minutes. The following voted in
favor: M:t.yor KlingeThutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. NJ
negative votes. l'btion carried.
Councilman Neveaux feels there should be TIDre representation on the Park and
Recreation Corrmission from the Minnewashta area because of the proposed regional
park and the issue of the area south of the Minnetonka West Junior High.
A TIDtion was made by Councilrran Shulstad am secomed by Councilman Kurvers to note
the February 26, 1976, Bicentennial Commission minutes. The following voted in
favor: Mayor KlingeThutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. NJ
negative votes. l'btion carried.
A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to note
the February 27, 1976, lake and Ecological Concerns Committee minutes. The following
voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers.
NJ negative votes. l'btion carried.
RESOLUTION #76-23: Councilman Neveaux rroved the adoption of a resolution cornrœnding
the following persons for their work on corrmittees and commissions in the City:
IMight Leatha.l1l, Jack Bell, Jim Richardson, Jack Ernst, and Mariana Shulstad. Each
will receive a certificate. Resolution seconded by Councilman Kurvers. The
following voted in favor: M:t.yor KlingeThutz, Councilmen Hobbs, Neveaux, and Kurvers.
Councibnan Shulstad abstained. MJtion carried.
SECRETARY FOR ECOLOGICAL COMMI'I'IEE: The Acting Aðministrator and City Treasurer will
prepare a reconmendation for the Council on where the money will come from to pay for
a secretary.
BILLS: The construction bills will be held until the bond issue TIDney is available
to the City. The Treasurer will prepare a reconmended motion for the Council on
the repayment of the new sweeper from the unallocated funds portion of the budget.
Regular Council Meeting March 15, 1976
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A TIDtion was made by Councilrnan Shulstad and seconded by Councilman Neveaux to
approve the February bills as presented. The following voted in favor: Mayor
KlingeThutz, CounciJmen Hobbs, Neveaux, Shulstad, and Kurvers. NJ negative votes.
l'btion carried.
ACCOUNTING MA.ŒINE: The City Treasurer refOrted that a Burroughs representative
has been out to program the machine. The Council will wait to see how it
progresses before taking further action.
POLICE DEPAR'IMENT: Patrolman Bob Bergman was present.
OPERATION IDENTIFICATION: A refOrt dated March 2, 1976, sutmitted by Sgt. Anding
was received by the Council stating there were approximately 69 burglaries in
Chanhassen in 1975. Of these four had Operation Identification numbers and of the
four only one had items taken that were marked. Patrolman Bergman feels that
OPeration Identification does help deter burglars and should be rrore publicized.
CounciJman Shulstad will prepare an article for the City Newsletter and would
appreciate information on the number of residential burglaries.
REPORT ON LIQillR ESTABLISHMENTS: Sgt. Anding suhni tted a report on the number of
calls answered to liquor establishrrents in Chanhassen for the period of January
1974 through December 1975. Patrolman Bergman feels the number of calls answered
to bars is a small percentage of the total calls answered throughout the City.
The majority of the problEm is probably about closing tine of the bars.
The City Attorney suggested a letter be sent to the Carver County Sheriff, Minnetonka
Police Departrrent and Eden Prairie Police Departrrent stating that the City is
naking a survey as to OWl I S and asking them to keep statistics for the City.
A ltDtion was made by Councilman Shulstad and seconded by Councilrran Neveaux that
the City Attorney be directed to prepare such a letter to be sent to Eden prairie
Police Departrrent, Minnetonka Police Deparbnent and Carver County Sheriff. The
following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad,
and Kurvers. NJ negative votes. r-btion carried.
FIRE MARSHAL'S REPORT: M:t.rk Littfin was present. He is inspecting every business
in Chanhassen at least bivo or three tines a year. The City Attorney will check to
see if the City can charge for reinspections of fire code violations and report
to the Council.
FIRE LANES: The Fire chief stated that one of the problem areas is with the Hanus
buildings. Another problem area is the Cenex Gas Station. The Fire Departrrent
was directed to study the bivo areas and make recorrrrendations to the owners by
letter in regard to the location of fire lanes.
SOF'IBALL 'IOURNAMENT lAKE ANN PARK - ON SALE NON- IN'IOXICATING LIQillR LICENSE: Dale
Gregory was present representing the fire departrrent -tä'-y.equest a non-intoxicating
liquor license to sell beer at a softball tournarrent on June 5 and 6. The fire
departrrent has agreed to defOsit a $50.00 escrow account with the City for clean up
of the park after the tournarrent.
A IIDtion was made by Councilrran Hobbs and seconded by Councilman Shulstad to
grant the Chanhassen Fire Deparbnent a non-intoxicating liquor license at a cost
of $1. 00 and the use of Lake Ann Park on June 5 and 6, 1976, bebiveen the hours of
7:30 a.m. and 8:00 p.m. The following voted in favor: Mayor KlingeThutz,
Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. NJ negative votes. l'btion
carried.
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Regular City ColIDcil Meeting Mõtrch 15, 1976
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PLAN B COM1I'I'IEE: Chuck Dimler, Ron Berg, Dick M:t.tthews, and Sylvester Trutnau
were present. The Council requested the Committee study Plan B and Charter forms
of City Covernment and make reconmendations to the ColIDcil within the next few
rronths.
FIRE DEPARI'MENT INSURANCE POLICY: Frank Bjornson was present representing the
fire deparbnent requesting an increase in coverage from $100 a week to $125 a week.
A mtion was made by Councilman Shulstad and seconded by Councilman Hobbs that
the Council approve the fire departrrents recorrmendation for changes in the insurance
protection as outlined in attachrrents dated M:t.rch 2, 1976. The following voted in
favor: M:t.yor KlingeThutz, Councilrren Hobbs, Neveaux, Shulstad, an:::1 Kurvers. NJ
negative votes. MJtion carried.
HOUSE NUMBERS: The fire departrrent is concerned with the lack of posted house numbers
throLBhout the City. It was decided that the Fire Chief and Sgt. Anding should
prepare an article for the City Newsletter.
SOLICI'IDR'S LICENSE: A rrotion was made by Councilman Shulstad an:::1 seconded by
Councilman Kurvers that Art Craft Press, Inc. be authorized to solicit ads in the
City in regard to benefits for the Western Area Fire Training Association for the
calendar year 1976. The following voted in favor: M:t.yor Klingelhutz, Councilrren
Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. l'btion carried.
VAR:[þ..NCE REQlÆST - FAIPH HU'IMAKER:
variance on each side yard set back.
approval.
Mr. Hutrnaker is requesting a three foot side yard
The Board of Adjustrrents and Appeals recomnended
A ltDtion was made by Councibnan Shulstad and seconded by Councilman Hobbs to grant the
three foot side yard variances pending settlerrent of all monies due to the City. The
following voted in favor: Mayor KlingeThutz, Councilmen Hobbs, Neveaux, Shulstad, and
Kurvers. NJ negative votes. MJtion carried.
FEASIBILITY STUDY - STREET IMPROVEMENT PROJECT FOR ERIE AVENUE, CHAN VIEW, AND WEST 77th:
In November the Council authorized a feasibility study for the improVEment of West
77th Street from Frontier Trail east, Chan View eastward from Frontier Trail, and
Erie Avenue fran West 78th Street north to existing private road. The streets have
an inadequate base am are a continual maintenance problem They have been built
up so that they are above the adjacent lawns so that the rlID off goes to the side of
the streets and runs along the edges or ponds in the lawns. Bill Brezinsky stated
that if the project is approved the streets would be improved to seven ton standards
and be lowered so that the water will be directed and contained on the streets and
taken off at certain fOints. The streets generally would be widened an equal
distance on either side with the exception of the north end of Erie which would be
widened to the east. A 100 foot diameter cul-de-sac be constructed at the north
end of Erie with 120 foot right-of-way. He recorrmended a cul-de-sac be constructed
at the east end of West 77th Street. The total cost of the inproverrents is $77,000.
The Acting Administrator will lcok into how this project could be financed and have
a report for the Council at the March 29 meeting. The ColIDcil will set a public
hearing date at that time.
INDUSTRIAL REVENUE BONDS: Herb Bloomberg was present requesting concept approval
of industrial revenue bonds to be used for building a hotel adjoining the Chanhassen
Dinner Theatre.
Regular City Council M3eting March 15, 1976
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RESOLUTION #76-24: Councilman Neveaux ItDved the adoption of a resolution supfOrting
the concept as presented this evening of the hotel project on the Chanhassen
Dinner Theatre property and recamœnd that Mr. Bloomberg proceed with a I
preliminary feasibility study to be prepared by Midwest Planning. The City
Attorney will prepare a formal resolution. Resolution seconded by Councilman
Shulstad. The following voted in favor: M:1.yor Klingelhutz, Councilmen Hobbs,
Neveau x, Shulstad, and Kurvers. No negative votes. MJtion carried.
AMENIMENT 'IO COMPREHENSIVE PIAN: Craig M3rtz presented a formal resolution to
confirm Council action of NJvember 17, 1975. This will be filed with the Registrar
of Deeds and copies given to contiguous communi ties.
EASEMENT REPORT PROJECT 75-2: All owners of IDt 12, Atrlitor's Subdivision 2 have
signed the eaSeITent.
The City Attorney has been advised that Mrs. Buesgens will grant an easerrent if the
City provides a gravity lateral line to the south corner of her lot at the lakeshore.
The estirrated cost is $1,202. The City Attorney recomrrends the Council take the easerrent
and put in the lateral line.
A IIDtion was made by Councilrran Shulstad and seconded by Councilman Kurvers to
approve the concept to bring the lateral line to Mrs. Buesgens' south property
line as setforth on page one of the City Engineer's refOrt of March 5, 1976. The
following voted in favor: M3.yor KlingeThutz, Councilrren Hobbs, Neveaux, Shulstad,
and Kurvers. No negative votes. M:>tion carried.
HOUSE FILE 1471: Bill Schoell explained the purpose of the profOsed bill. It I
would allow a municipality to charge as a fee any assessment that was lost by
the municipality because of tax sale of the property.
RESOLUTION #76-25: Councilman Shulstad rroved the adoption of a resolution
supporting House File 1471. Resolution seconded by Councilrran Neveaux. The
following voted in favor: M:1.yor Klingelhutz, Councilrren Hobbs, Neveaux, Shulstad
and Kurvers. NJ negative votes. r-btion carried.
TRAFFIC CONTROL SIGNS: A motion was made by Councilman Neveaux and seconded by
Councilman Kurvers that M:1.yor Klingelhutz be directed to sign the application for
traffic control device inventory project. The following voted in favor: Mayor
Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. NJ negative votes.
r-btion carried.
SENATE #2097: 'The Council would like to study the bill before voting on it.
MARIANA SHUISTAD: A IIDtion was made by CounciJJnan Neveaux and seconded by CounciJJnan
Kurvers to accept Mariana Shulstad's resignation from the Bicentennial Commission
with regret. 'The following voted in favor: M:t.yor Klingelhutz, ColIDcilmen Hobbs,
Neveaux, and Kurvers. Councilrran Shulstad abstained. r-btion carried.
BICENTENNIAL COMMISSION: A ltDtion was made by Councilman Hobbs and seconded by
CounciJman Neveaux to apfOint Dick Dùtcher to the Bicentennial Corrmission. The
following voted in favor: M:1.yor Klingelhutz, Councilrren Hobbs, Nevea ux, Shulstad,
and Kurvers. No negative votes. fution carried.
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Regular City Council Meeting, March 15, 1976
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CLERK-AIMINISTRA'IOR: A TIDtion was made by Councilrran Shulstad and seconded by
ColIDcilman Kurvers that the agreement with Donald Ashworth dated February 26, 1976,
and as aITended by the new City Insurance Policy be approved. The following voted in
favor: M3.yor KlingeThutz, Councilrren Hobbs, Neveaux, Shulstad, and Kurvers. No
nega ti ve votes. MJtion carried.
BOARD OF REVIEW: A motion was rrade by Councilrran Shulstad and seconded by Councilman
Neveaux that the Board of Review rreet June 8, 1976, at 7:30 p.m. The following
voted in favor: M:t.yor Klingelhutz, Councilrren Hobbs, Neveaux, Shulstad, and Kurvers.
No negative votes. l'btion carried.
A TIDtion was made by Councilman Shulstad and seconded by Councibnan Hobbs to adjourn.
The following voted in favor: M:t.yor Klingelhutz, COlIDcilrren Hobbs, Neveaux, Shulstad,
and Kurvers. No negative votes. M2eting adjourned at 11:00 p.m.
Jerry Schlenk
Acting Clerk-Administrator