1976 07 12
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REGULAR CHANHASSEN CITY COUNCIL MEEI'ING JULY 12, 1976
Mayor Klingelhutz called the meeting to order at 8:00 p.m. with the following members
present: Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. The meeting was opened
with the Pledge to the Flag.
APPROVAL OF AGENDA: A rrotion was made by Councilman Shulstad and seconded by Councilman
Neveaux to approve the agenda as presented with the addition of discussion on the
Cathcart Cartway, Post Office, and Minnesota River Park. The following voted in favor:
Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative
votes. M::>tion carried.
MINUTES: A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to
amend the second paragraph under REPIAT OF LOT D, BARIWELL ACRES (SWElGER) in the
June 21, 1976, Council minutes to read: RESOLUTION #76-40: Councilman Neveaux
rroved the adoption of a resolution approving the lot split of Lot D Bardwell Acres.
The existing assessments on the parcel will be paid when Lot IIBII 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 it on taxes payable
over a twelve year period. Councilman Hobbs seconded the resolution. The following
voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No
negative votes. MJtion carried. The following voted in favor: Mayor Klingelhutz,
Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. MJtion carried.
A rrotion was made by Councilman Shulstad and seconded by Councilman Neveaux to approve
the June 21, 1976, Council minutes as amended. The following voted in favor: Mayor
Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes.
M::>tion carried.
A rrotion was rrade by Councilman Kurvers and seconded by Councilman Neveaux to note the
June 24, 1976, Bicentennial Corrmission minutes. The following voted in favor: Mayor
Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes.
MJtion carried.
A rrotion was made by Councilman Shulstad and seconded by Councilman Hobbs to note the
July 6, 1976, Park and Recreation Canmission minutes. The following voted in favor:
Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative
votes. MJtion carried.
IAREI:ü LANE ADDITION, PIDJECT 75-8:
RESOLUTION #76-4J:-:A Councilman Neveaux moved the adoption of a resolution accepting
the low bid of $15,666.25 from Hardrives, Inc. with the condition that the city obtain
a letter fran Hansen and Klingelhutz stating that they are satisfied with the bid.
Resolution semnded by Councilman Hobbs. The following voted in favor: Mayor Klingelhutz
Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. MJtion carried.
ANIMAL CONTROL ORDINANŒ: A rrotion was made by Councilman Kurvers and seconded by
Councilman Neveaux to approve An Ordinance Licensing and Regulating Dogs and Cats,
Providing for Irrpounding Dogs and Cats, and Prescribing a Penalty for Violation. The
following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and
Kurvers. "No negative votes. MJtion carried.
A ITOtion was made by Councilman Shulstad and semnded by Councilman Kurvers that with
regard to Section 18 of the Anirral Control Ordinance as it applies to cats only that
the effective date for required rabies vaccination of cats be February 1, 1977. The
following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and
Kurvers. No negative votes. MJtion carried.
Regular City Council Meeting July 12, 1976
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A ITOtion was rrade by Councilman Kurvers and secxmded by Council.ma,n Neyea,ux that
a letter be written to the Animal Ordinance Ad Hoc Committee complimenting them
on the fine job they have done. The following voted in favor: Mayor Klingelhutz, I
CounciJmen Hobbs, Neveaux, Shulstad, and Kurvers. "No negative votes. M::>tion carried.
A notion was made by Councilman Shulstad and semnded by Councilman Neveaux to
increase the animal patrol in the city by an additional ten hours every other week
with review in case of budget problems. The following voted in favor: Mayor
Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. "No negative votes.
M::>tion carried.
The Council wants the Animal Control Officer to enforce the new ordinance. The
Administrator will put articles in the Sun Newspaper and Maverick regarding the
ordinance. An article will also be in the next City Newsletter.
A rrDtion was made by Councilman Kurvers and seconded by Councilman Shulstad to place
a rroratorium until August 31, 1976, on enforcement of the ordinance as it relates
to cats. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried.
N~1ENTS TO ORDINANΠ3-D: A motion was made by Councilman Hobbs and seconded by
Councilman Shulstad to adopt Ordinance 3-E, An Ordinance Amending Section 3 and Adding
a Provision Relating to U-Turns with recorrrnended changes suggested by the City
Attorney. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Neveaux, Shulstad, and Kurvers. No negative votes. MJtion carried.
RESOLUTION #76-42: Councilman Neveaux rrDved the adoption of a resolution establishing
a 1I},b U-Turn" zone on West 78th Street as presented. Councilman Kurvers seconded I
the resolution. The following voted in favor: Mayor Klingelhutz, Councilmen
Hobbs, Neveaux, Shulstad, and Kurvers. },b negative votes. M::>tion carried.
KENNEL LICENSE APPLICATIONS:
BOB GOLLA: ~k. Golla is requesting a kennel license to keep seven dogs on his
premises at 1161 Bluff Creek Drive. He wants to train the dogs as watch dogs for use
on his construction sites. A petition dated July 5, 1976, was received signed by
twelve neighbors stating their objection to a dog kennel. Several neighbors were
present objecting to the proposed kennel.
A notion was made by Councilman Kurvers and seconded by Councilman Shulstad to deny
the kennel license application from Bob Golla. The following voted in favor:
Mayor Klingelhutz, Councilmen Shulstad and Kurvers. Councilmen Hobbs and Neveaux
voted no. Motion carried.
RONALD METCALF: Mr. Metcalf is requesting a kennel license renewal to keep three
dogs on his premises at 6420 Powers Blvd. The Animal Control Officer recorrmended
the kennel license be denied because the german shepherd watch dog was chained in
the yard not in a kennel. Mr. Metcalf has requested his $25.00 application fee be
refunded and he will destroy one of his three dogs, therefore, not requiring a kennel
license.
A notion was made by Councilman Shulstad and seconded by Councilman Neveaux that
the $25.00 kennel application fee be returned to the Metcalf's and that follow up
be made to insure there are only two dogs on the property. The following voted
in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. Councilman
Hobbs voted no. Motion carried.
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~VEST 6200 STREEI' - ROSE LANE: tk. Ted Spannaus of 1115 West 62nd Street was present
to discuss the problems of cars and people, parking, picnicing and swimming along
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Regular City Council Meeting July 12, 1976
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Rose Lane and Christmas Lake. The Council requested the Police Department enforce
the IIno parking signs" in the area by ticketing and investigate the need for additional
signs. along Powers Blvd. Hr. Spannaus stated there are two public accesses to the
lake in ShoreV\Dod that are not being used. The Administrator will discuss these
problems with the ShoreWJO<Ì City Clerk.
VARIANΠREQUESTS:
VERNON BECKMAN: Mr. Beckman is requesting a four foot variance from the side yard
setback to nove a garage on his property at 6670 Kiowa. The Board of Nljustments and
Appeals recoImlended approval.
A notion was rrade by Councilman Kurvers and seconded by Councilman Shulstad to grant
the four foot side yard variance to Mr. Beckman. The following voted in favor: Mayor
Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes.
M::>tion carried.
JEROME C. AHIMAN: Mr. Ahlman is requesting a ten foot front yard variance in order
to build a home at 3896 Lone Cedar Lane.
A notion was rrade by Councilrran Neveaux and seconded by Councilman Hobbs that a 20
foot front yard setback be approved on the basis of the terrain of the lot and the
preservation of the existing trees. A written agreement stating that the City has
no liability against any and all hazards on this lot will be submitted by the
property owner. The following voted in favor: Mayor Klingelhutz, CounciJmen Hobbs,
Neveaux, Shulstad, and Kurvers. "No negative votes. M::>tion carried.
ROMAN ROOS: Mr. Roos is requesting a ten foot rear yard variance to allow installation
of a swimming pool on hi:;; property at 8001 Cheyenne Avenue. The Board of Adjustments
and Appeals recornrænded approval.
A notion was rrade by Councilman Hobbs and seconded by Councilman Kurvers to grant
the ten foot rear yard variance to Mr. Roos. The following voted in favor: Mayor
Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes.
M::>tion carried.
A notion was made by Councilman Shulstad and seconded by Councilrran Neveaux to amend
the agenda to Jerry's Old West Bar Liquor License Transfer. The following voted in
favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No
negative votes. MJtion carried.
LIQillR LICENSE TRANSFER - JERRY'S OLD WEST BAR: Charles Kallestad, Ann Koltyk, and
John Cairns were present requesting a transfer of the liquor license from Ann Koltyk
to Charles Kallestad. The Police Department recomrended approval of the transfer.
Mr. Cairns, Attorney for Mr. Kallestad, stated that it is Mr. Kallestad' s intention
to initially purchase all of the property from Mrs. Koltyk that presently provides
parking for the bar. The purchase agreement will be amended to include all the
parking area.
The city has received a proposal from Harry Pauly and Ann Koltyk to construct and
rraintain a parking lot behind the businesses on the south side of West 78th Street.
The proposed parking lot would contain parking spaces for 101 cars on property
owned or to be acquired by them and a portion of city property. They will jointly
pay all msts to construct, stripe, light, and maintain the lot. The Planning
Commission will discuss the proposed parking lot on July 14.
A rrotion was made by CounciJman Neveaux and seconded by Mayor Klingelhutz to allow
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the transfer of the liquor license conditioned upon the City Attorney's approval
of the final purchase agreement between the parties and the compliance with the
other conditions contained in the City Attorney's report of July 6, 1976. The
following voted in favor: Mayor Klingelhutz and CounciJman Neveaux. Councilmen
Hobbs, Shulstad, and Kurvers voted no. M::>tion failed.
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A rrotion was made by Mayor Klingelhutz and seconded by Councilman Shulstad to
amend the Council Procedures Ordinance to continue with the necessary items on
the agenda. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried.
IYDLNAU-DUBBE BUILDING - REZONING: A rrotion was made by CounciJman Shulstad and
seconded by Councilman Neveaux to direct the City Attorney to prepare an amendment
to the Zoning Ordinance to rezone Lots 1 and 2, Block 2, Frontier Industrial Park
to CED. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux,
Shulstad, and Kurvers. }b negative votes. MJtion carried.
FIlJ., PERMIT - R. W. LUX: A rrotion was made by Councilman Hobbs and seconded by
Councilman Shulstad to allow Erickson Bros to fill on Lots 4, 5, and 6, Block 5,
GreenV\DOd Shores and reserve action on Lots 4 and 5, Block 1, Greenwood Shores
contingent on further report from the City Engineer. The following voted in favor:
Mayor Klingelhutz, Councilmen Hobbs, Shulstad, and Kurvers. Councilman Neveaux
voted no. MJtion carried.
EAST IDTUS LAKE PROJECT 75-10:
RESOLUTION #76-43: CbunciJman Shulstad moved the adoption of a resolution authorizing
the City Engineer to advertise for bids as outlined in their recommendation of
July 9, 1976. CounciJman Neveaux seconded the resolution. The following voted I
in favor: Mayor Klingelhutz, Councilmen Hobbs,: Neveaux, Shulstad, and Kurvers.
No negative votes. Motion carried.
COMMUNITY DEVELOPMENT BlOCK GRANT APPLICATION:
RESOLUTION #76-44: Councilman Neveaux noved the adoption of a resolution
approving the final application for the Corrmunity Development Block Grant. CounciJman
Shulstad seconded the resolution. The following voted in favor: Mayor Klingelhutz,
Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. MJtion
carried.
A rrDtion was rrade by Councilman Shulstad and seconded by Councilman Neveaux to
adjourn. The following voted in favor: Mayor Klingelhutz, Council.rrlen Hobbs, Neveaux,
Shulstad, and Kurvers. No negative votes. Meeting adjourned at 1:00 a.m.
Don AshV\Drth
Clerk-Administrator
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