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1976 06 21 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING JUNE 21, 1976 Acting Mayor Kurvers called the meeting to order at 8:00 p.m. with the following members present. Councilmen Hobbs, Neveaux, and Shulstad. Mayor Klingelhutz entered the meeting at 10:00 p.m. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: A motion was made by Councilman Shulstad and seconded by Councilman Neveaux to approve the agenda as presented with the addition of discussion of the Apple Valley Red-E Mix Plant. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. M~NUTES: Amend the motion under ANIMAL CONTROL ORDINANCE in the June 7, 1976, Council Minutes to read: A motion was made by Mayor Klingelhutz to table action until 4j5th of the Council would be present. Councilman Hobbs seconded. Councilman Kurvers voted no. Councilman Hobbs and Mayor Klingelhutz voted yes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the June 7, 1976, Council Minutes as amended. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs and Neveaux. Councilman Shulstad abstained. Motion carried. Acting Mayor Kurvers questioned the last paragraph on page 3 under VARIANCE REQUEST - FRONT YARD SETBACKS (510 PLEASANT VIEW ROAD) in the June 7, 1976, Council minutes. Amend the June 8, 1976, Board of Review Minutes by adding the Administrator's name and title at the end of the minutes. A motion was made by Councilman Neveaux and Shulstad to approve the June 8, 1976, Board The following voted in favor: Acting Mayor Neveaux, and Shulstad. No negative votes. seconded by Councilman of Review minutes as amended. Kurvers, Councilmen Hobbs, Motion carried. A motion was made by Councilman Shulstad and seconded by Councilman Neveaux to table approval of the June 10, 1976, Special Council minutes. 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 Shulstad to note the June 9, 1976, Regular Planning Commission minutes. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. ANIMAL CONTROL ORDINANCE: A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to table action on the Animal Control Ordinance. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. BILLS: A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to approve the May bills as presented. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. Regular Council Meeting June 21, 1976 -2- TROLLS GLEN FIRST ADDITION: Mrs. Peterjohn and Dan Herbst were present asking for an extension of time for completion of the curb and gutter and blacktopping to September 1977. I A motion was made by Councilman Neveaux and seconded by Councilman Hobbs that the Administrator and Attorney meet with Mrs. Peterjohn and enter into an amendment to the Development Contract which was dated September 2, 1975, incorporating the recommendations of City Staff included in the City Administrator's letter of June 21, 1976, with the amount of the cash account/letter of credit to be a mutually agreed sum between the developer and the City but in no instance to exceed $53,240. All other terms to be as in the letter of June 21, 1976. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. REPLAT OF LOT D, BARDWELL ACRES (SWEIGER): The property is located on Melody Hill Road just north of Minnetonka West Junior High School and is zoned R-l. The Planning Commission recommended that Lot D be split into two lots as requested. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the lot split of Lot D Bardwell Acres. The existing assessments on the parcel will be paid when Lot liB II is sold and the newly created lot will be assessed for sewer and water. The owner of the newly created lot will have the option of paying the full assessment or putting in on taxes payable over a twelve year period. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. REGULATORY SIGN PROGRAM: A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to approve the Regulatory Sign Program Agreement as described in the Administrator's memorandum of June 21, 1976. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. I REGULATORY CONTROL SIGN REQUESTS: Residents have requested additional signing on Laredo Drive, Frontier Trail, and Santa Fe Trail. The Administrator discussed possible signing of these streets to be completed with the regulatory sign program. The Administrator has requested a report from the Police Department on the number of streets and hours that they have been setting up with radar. This report has not been received. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to table action until the 0uly 12, 1976, meeting at which time the police report will be forthcoming. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. Mayor Klingelhutz came at this point. I ECOLOGICAL COMMITTEE: Lauren Hillquist and Jim Callinan were present. A motion was made by Councilman Shulstad and seconded by Councilman Neveaux that the resignation submitted by Lauren Hillquist be tabled. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, I I I Regular Council Meeting June 21, 1976 -3- Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. The Administrator was instructed to write a letter to Dick Dutcher, Chairman of the Ecological Committee, explaining the procedure for appointing new members to committees and commissions of the City. PROJECT 75-10, PALMER EASEMENT: A motion was made by Councilman Neveaux and seconded by Councilman Shulstad that the City Attorney's Office be advised that the Council has allowed him to negotiate in an amount not exceeding the Council's original authorization limits and with the information discussed this evening that he strive for the figure that Councilman Hobbs brought forth. The following voted in favor: Councilmen Neveaux and Shulstad. Mayor Klingelhutz, Councilmen Hobbs, and Kurvers voted no. Motion failed. A motion was made by Mayor Klingelhutz and seconded by Councilman Kurvers to set a limit of $2,500 with the Attorney to try to keep it around $2,000. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. ORDINANCE AMENDMENTS - FIRST READING: U-TURNS, WEST 78TH STREET: The Police Department recommended the Council amend the ordinance to prohibit U-Turns on West 78th Street due to the volume of traffic. A motion was made by Councilman Shulstad and seconded by Councilman Kurvers that U-Turns be prohibited between Frontier Trail and Laredo Drive on West 78th Street. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. EXHIBITION DRIVING: A motion was made by Councilman Kurvers and seconded by Councilman Shulstad to amend the ordinance so as to comply with Judge Haering's Order in the case of the State of Minnesota vs Arthur Paul Schneewind. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. CARVER BEACH GRANT APPLICATION: The City has received a bill from Tim Stone for work required in filling out the preliminary block grant application. The Council requested an explanation from the City Planner on the number of hours required in preparation of the application. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to table action on the $625 payment for Architeam until the next meeting. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. MTC BUS ROUTE: Councilman Neveaux discussed the possibility of MTC bus service in Chanhassen for commuters. The Richfield Bus Company is franchised to supply service in Chanhassen. City Staff was asked to review the franchise agreement with the Richfield Bus Company. The Administrator suggested that the Council request him to send a letter to the MTC asking them if they would provide this type of service to the residents and what type of hearings would be required and whether or not , they feel as though there would be a conflict with the existing franchlse. . .- Regular Council Meeting June 21, 1976 -4- Amotion was made by Councilman Hobbs and seconded by Councilman Shulstad to direct the Administrator to write a letter to MTC. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. I APPLE VALLEY RED-E MIX PLANT: Councilman Kurvers brought up that the landscaping has not been completed around the plant as previously agreed to. The City Inspection Department should follow this up to see that it is completed. MOLNAU-DUBBE BUILDING, CHANHASSEN LAWN AND SPORTS CENTER, HANUS BUILDING: The City Inspection Department will see that these three business places comply with the conditional use permits as issued. CHANHASSEN JUNIOR MISS PAGEANT: A motion was made by Councilman Shulstad and seconded by Councilman Neveaux commending the Chanhassen Civic Theatre for their work on the Junior Miss Pageant. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. SPECIAL COUNCIL MEETING: A motion was made by Councilman Shulstad and seconded by Councilman Hobbs that the Council hold a special meeting June 23, 1976, at 8:00 p.m. to discuss the Animal Control Ordinance and plan B. 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 I Shulstad to adjourn. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Meeting adjourned at 12:00. Don Ashworth Clerk-Administrator I