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1976 05 17 I I I REGULAR ŒANHASSEN CITY CDUNCIL MEEI'ING MAY 17, 1976 M3.yor Klingelhutz called the meeting to order at 8: 00 p.m. with the following members present: Councilmen Hobbs, Neveaux, ând Kurvers. Councilmen Shulstad was absent. The meeting was opened with the Pledge to the Flag. MINUI'ES : A rrotion was made by Councilman Hobbs and seconded by Councilman Kurvers to approve the April 26, 1976, Special Council minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. MJtion carried. A rrotion was made by Council.nan Kru:vers and seconded by Council.nan Neveaux to approve the M:ly 3, 1976, Regular Council minutes. The following voted in favor: M:lyor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. MJtion carried. Amend the May 10, 1976, public hearing minutes, page 3 to read: Jean Lovetang, 6850 O1anhassen Road - I will go on record as being the first dissenting vote mainly because of the situation the way my land lies right on 101. The Ecklund and Swedlund property surrounds me, what their particular thinking is insofar as the curbing and improvements going in. A rrotion was made by Councilrran Kurvers and seconded by Councilman Hobbs to approve the May 10, 1976, public hearing minutes as amended. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. M)tion carried. Amend the May 10, 1976, Special Council minutes by adding the following to the last paragraph under DEVIIS SLIDE: Councilrran Kurvers voted no because the City is creating an unsafe and hazardous condition. A rrotion was made by Councilrran Neveaux and seconded by Councilrran Hobbs to approve the M3.y 10, 1976, special council minutes as arœnded. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. M)tion carried. A rrotion was made by Councilrran Neveaux and seconded by Councilman Hobbs to note the Park and Recreation Comnission minutes of April 20, 1976. The following voted in favor: M3.yor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. J\btion carried. A rrotion was made by Councilman Kurvers and seconded by Councilman Neveaux to note the Ecological Cormnittee minutes of April 15, 1976. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. M)tion carried. A rrotion was made by Councilrran Kurvers and seconded by Councilman Neveaux to note the May 8, 1976, Bicentennial Cormnission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and. Kurvers. No negative votes. MJtion carried. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to note the April 29, 1976, Bicentennial Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, ãnd Kurvers. No negative votes. M)tion carried. APPROVAL OF AGENDA: A rrotion was made by Councilman Hobbs and seconded by Councilman Neveaux to approve the agerrla for tonight's meeting. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. M)tion carried. Regular Council M2eting May 17, 1976 -2- BILIS: A rrotion was :rnade by Councilman Neveaux and seconded by CounciJ.¡npn Hobb$" to approve the April bills as presented. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. MJtion carried. I ANIMAL CDNTROL ORDINANCE: Dick M3.tthews and Marlene Roufs of the Cog Ordinance Ad Hoc Committee were present. The Council discussed the proposed ordinance wi th members of the Ad Hoc Committee and representatives from MAPSI. A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to hold a special Council meeting M3.y 24, 1976, at 8:00 p.m. to finalize the Animal Control Ordinance. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. EAST lOTUS LAKE SEWER, WATER, AND STREET IMPROVEM.EI:\JT PROJECT 75-10: RESOLUTION #76- 37: Councilrran Kurvers rroved the adoption of a resolution directing the preparation of plans and specifications for the project including the use of three inch extruded bituminous curbing throughout the entire project area. The Council directs the City Attorney to acquire the necessary right-of-way for the project. Resolution seconded by Councilman Neveaux. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. MJtion carried. 'lhe Council feels Bill Brezinsky did an outstanding job with the public hearing on this project. ASSESSMENT DEFERMENT - BUESGENS OFFICE BUILDING: A rmtion was made by Councilman Neveaux and seconded by Councilman Kurvers to direct the City Attorney and I Ci ty Administrator to prepare an agreement for Ms. Buesgens to sign outlining the conditions of Ibn Ashworth's merrorandum of M:ly 17, 1976, and expanding UfOn conditions 1, 2, and 3 in that document. The following voted in favor: M3.yor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. rvbtion carried. Councilman Hobbs - I will vote yes and my vote is based upon the fact that we did enter into an agreement a year ago. This agreement could not be lived up to and on the advice of the staff of the City they seem to feel that this is the best way to solve this si tuation and I do feel also that it's an extenuating circumstance. Councilman Kurvers - I vote yes. I think that a hardship does exist. UNIT CHARGE REDUCTION REQLÆST - SELF SERVICE CAR WASH: Mr. James Lindell was present requesting a reduction in the water and sewer unit charges for a self service car wash to be built north of the Standard Oil Station on the east side of Great Plains Blvd. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to authorize the city Engineer to prepare a letter to be given to the IvEtropoli tan Sewer Board requesting a change in the number of SAC charges required for a self service car wash. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Ivbtion carried. I CONDITIONAL USE PERMIT - CHANHASSEN SHOPPING CENTER: Jim Peterson and Coug M)e were present. The City Planner stated he is' in agreement with the Planning CcmmissionTs recomnendation and recommended approval subject to the following: 1. The developer be bound to the detail and scope of the plans. 2. Satisfactory signage be worked out with the Sign Committee, Planning Commission and City Council. I I I Regular Council IvEeting May 17, 1976 -3- 3. Lighting standards conform to City requirements with the details worked out with the City Engineer and Planning Commission. 4. All unit charges shall be paid at the time of application for building permit. 5. A bond for landscaping shall be furnished by the applicant in an aIIDunt equal to the cost of landscaping as determined by the City. 6. The owner agrees to these condi tions in writing. Mr. Peterson stated they have had some soil tests taken and may have to shift the building 45 feet to the east. The City Planner feels that 45 feet is a total redesign of the layout of the property. He would like to see a drawing of the site and take it back to the Planning Commission for their review. Mr. Peterson suggested the Council approve the plan as presented and if there is any way possible they can do it without reverting to moving the structure or they will come back with another drawing. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the plan as presented with conditions as outlined in the Administrator's rrerrorandum of May 10, 1976. The following voted in favor: M3.yor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. MJtion carried. IMPERIAL REFINERIES OF MINNESOTA: Mr. H. R. Nolting was present requesting approval to rerrodel the frontof the station and install a canopy over the pump islands. The station is located at 420 Flying Cloud Drive. A rrotion was made by Councilman Kurvers and seconded by Councilman Neveaux to grant a variance to install a canopy over the pump islands and instruct the Building Inspector to issue a building permit for the face lifting of the structure. The following voted in favor: M=1.yor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. MJtion carried. SHOOTING PERMIT - ARTHUR OWENS: Mr. (Mens is requesting a shooting permit to shoot woodchucks and muskrats on his property at 6535 Redman Lane. A motion was rrade by Councilman Hobbs and seconded by Councilman Neveaux that the Council deny the shooting permit based on the fact that M3.yor Klingelhutz will put Mr. (Mens in contact with someone to trap his muskrats and and woodchucks in the fall. 'Ihe following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. MJtion carried. NO PARKING SIGN REQtÆST: Mr. Friberg was present requesting no parking signs along the cartway adjacent to Cathcart Field. If the Council decides not to install the signs Mr. Friberg is requesting that O1anhassen request the City of Shorewood repair the road. The city Attorney explained that when the tennis court was installed by the City of Shorewood they did not rrake application to the City of O1anhassen. The City of Shorewood was told to :m:ù<e the application but this was never done. A public playground requires a conditional use permit according to O1anhassen City Ordinance. A notion was made by Councilman Hobbs and seconded by Councilman Neveaux to direct city staff to investigate the problem and cane back to the Council with recomrœndations. The following voted in favor: M=1.yor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. M)tion carried. JOINT POWERS AGREEMENT - TENNIS COURTS: Pat Boyle, Park and Recreation Commission, was present requesting approval of a joint powers agreement between the City of O1anhassen and School District 112 to build two tennis courts at the O1anhassen Elementary School. Regular Council Meeting May 17, 1976 ~4- The City advertised for bids and the bids received did not meet the specifications. A rrotion was wade by Councilman Hobbs and seconded by Councilman Kurvers to accept the Joint Powers Agreement between School District 112 and the City of I O1anhassen. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. MJtion carried. A rmtion was made by Councilman Hobbs and seconded by Councilman Neveaux to reject the forrral bids on the tennis court facility and accept the inforrral bids to the lowest responsible bidder as shown on the price quote information sheet. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. MJtion carried. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers that the Council waive the requirements of State Statute 462.356. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Ivbtion carried. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to approve the recanmendation of the Park and Recreation Commission on the funding of the tennis courts out of the park rond issue. The following voted in favor: Mayor Klinge lhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Ivbtion carried. NON-INTOXICÞ...TING BEVERAGE LICENSE: A TIDtion was made by Mayor Klingelhutz and seconded by Councilman Kurvers to grant the O1anhassen Fire Cepartment a Non- Intoxicating Beverage License for the city picnic in the park on M:ty 23, 1976. The following voted in favor: ~13.yor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. J\btion carried. I A rmtion was made by Councilman Hobbs and seconded by Councilman Neveaux to adjourn. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. IvEeting adjourned at 12: 30 a.m. Con Ashworth Clerk-Administrator I