Loading...
1975 02 17 REGULAR CHANHASSEN CITY COUNCIL MEETING FEBRUARY 17, 1975 Mayor Klingelhutz called the February 17, 1975, Regular Council meeting to order at 7:30 p.m. with the following members present: Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. The meeting was opened with the Pledge to the Flag. I A motion was made by Councilman Hobbs and seconded by Councilman Shulstad that public interest requires that public business be transacted President's Day. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. MINUTES: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the Special Council Minutes of January 27, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Kurvers and seconded by Councilman Shulstad to approve the February 3, 1975, City Council minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to note the February 4, 1975, Park and Recreation Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs I to note the January 9, 1975, Planning Commission minutes. 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 Kurvers to note the January 14, 1975, Planning Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Shulstad and seconded by Councilman Neveaux to note the January 28, 1975, Bicentennial Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. BOY SCOUTS: Gene Coulter brought several Boy Scouts to observe the Council meeting. They are working on their Citizenship Badge. BILLS: A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to approve the bills as submitted. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. The City Treasurer explained that due to an error by the County on the Burdick Park Addition assessment, Plate 13-0/2, Mr. B. C. Burdick feels I he should not have to pay the penalty and interest of $117.02 on this assessment but he will pay the assessment. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to relieve Mr. Burdick of the penalty and interest in the amount of $117.02 on the special assessments payable in 1974 for Burdick Park Addition, Plate 13-0/2, if the assessed amount is paid in 30 days. The following Chanhassen City Council Minutes February 17, 1975 -2- voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Roger Sheehy Co. $ 12,225.00 12,100.00 13,796.00 10,682.00 14,700.00 9,380.00 Final 10 days after completion 8,986.00 Cash 11,990.00 Add $587 for Roof Guarantee I FIRE DEPARTMENT HOSE TOWER: The construction of a hose tower. Bergland-Johnson, Inc. Kratochvil Construction Co. Olson Co. C. O. Field Co. Loeffel-Engstrand Co. Wachholz Masonry, Inc. following bids were received for the J. I. Touve Construction Car-Don Const. & Masonry W. H. Cates Construction 14,059.00 11,530.00 9,775.00 A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to accept the low bid of $8,986.00 for construction of a hose tower by Wachholz Masonry, Inc. with a performance bond in the amount of the bid. Work to be completed by July 1/ 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. PROJECT 74-IA FRONTIER DEVELOPMENT PARK: Charles Towle was present to discuss this storm sewer project. Martin Ward was also present. The I City Attorney explained the history of this project. Mr. Towle stated he has secured petitions from 65% of the benefited property owners favoring proposal C of this project. This proposal will cost each property owner approximately $200 an acre more than proposal B. They are willing to pay this additional cost and see the City forego this legal situation that will persist under proposal B. The City Attorney stated that the public hearing was held July 1, 1974, and the statuatory six month period has gone by. If the Council is going to reconsider this matter another public hearing is required. He would like to see Mr. Towle's figures on acreage and footage and would like to submit the question of the vote required for authorization of the project considering the 35% rule under the statute to the Attorney General. I , A motion was made by Councilman Shulstad and seconded by Councilman Neveaux to hold a public hearing on Project 74~lA on March 31, 1975, at 7:00 p.m. The City Attorney be directed to solicit an opinion from the Attorney General on the question of the vote required for authorization of the project considering the 35% rule under the statute. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. HORSE ORDINANCE: Several horse owners were present. Richard Anding, I Sergeant Carver County Sheriff's Office, was present to discuss prohibitin horses from riding on all road surfaces in Chanhassen. He stated there have been few complaints on horses on streets. The complaints they have received have been on young inexperienced persons not having their horse under control. Since Minnewashta Parkway has been redone there is no place for people to ride bicycles or horses. There are no shoulders I I I I I Chanhassen City Council Minutes February 17, 1975 ~3~ on the new road. Councilman Neveaux asked it if would be possible to stripe or put in a berm along one side of Minnewashta Parkway to be used for bicycles, horses and pedestrians. Bill Schoell stated he would rather see a berm as it would be safer. I A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to rescind the motion under PROPOSED HORSE ORDINANCE in the February 3, 1975, Council minutes that if the holder of a stable permit fails to submit an annual registration statement by June 1 he may within 12 months re-apply for a stable permit. The following voted in favor: Mayor K1ingelhutz, Councilmen Hobbs, Neveaux, Shu1stad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to amend Section 12 of the Horse Ordinance by adding, and authority to seek injunctive relief for violations of this ordinance. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to approve the Horse Ordinance subject to the approval of the amendment to the Zoning Ordinance. The following voted in favor: Mayor Klinge1hutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Notices for the public hearing on the amendment to the Zoning Ordinance should be sent to the Ad Hoc Committee. I CHANHASSEN VILLAGE P-3: Ken Beiersdorf was present. The City Attorney presented an agreement concerning Preliminary Development Plan of the Chanhassen Village P-3 Planned Community Development District in the City for Council approval. Mr. Beiersdorf stated his attorney has not had an opportunity to look at this agreement. It was decided to change the word "standards" to "recommendations" in Point #13 of this agreement. The City Attorney will include a paragraph dealing with an evergreen planting along the creek as a barrier between this development and Chanhassen'Estates in the agreement. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to table action on Chanhassen Village P-3 Preliminary Development Contract until Mr. Beiersdorf has contacted his attorney and returns to the Council. The following voted in favor: Mayor K1inge1hutz, Councilmen Hobbs, Neveaux, Shu1stad, and Kurvers. No negative votes. Motion carried. STREET LIGHT: The Council has received a request for a street light at West 79th Street and Great Plains Blvd. A letter from Sgt. Richard Anding, Carver County Sheriff's Office stated that he felt there are other intersections that are more dangerous than this one and also this street does not carry enough traffic to constitute a street light. There are I two street lights between the Standard Oil Station and the ra. i1road tracks. A motion was made by Councilman Kurvers and seconded by Councilman Neveaux that the street sign will be installed as soon as it is available. The Deputy Clerk will check with NSP to see if the existing street light can be turned to give additional light. The following voted in favor: Mayor K1inge1hutz, Councilmen Hobbs, Neveaux, Shu1stad, and Kurvers. No negative Chanhassen City Council Minutes February 17, 1975 ~4- votes. Motion carried. MOON VALLEY on the Moon Commission. this before RIFLE RANGE: The Council received a report from Sgt. Anding Valley Rifle Range. This will be forwarded to the Planning The Council requests the Planning Commission proceed with the summer shooting season. I STREET LIGHTING POLICY: A motion was made by Councilman Neveaux and seconded by Councilman Kurvers that the Clerk-Administrator and City Planner work on the establishment of boundary lines for street lighting districts within the City Limits and come back within 45 days with a plan for adoption along with the approved street lighting policy. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. SOUTH FRONTAGE ROAD, HIGHWAY 5 EAST OF HIGHWAY 101: The City Attorney has not contacted the landowners involved because he needs' direction from the Council as to how this will be funded, the land acquisition and construction. The landowners involved are Robert Mason and Gene Reilley, Chanhassen American Legion, and Prestige Development Corp. The total estimated cost is $80,000 excluding right-of-way acquisition. The City Engineer in his letter of January 16, 1975, suggested using Municipal State Aid Funds to build this road. This money will have to be restored to the MSA Fund. The City Attorney suggested the Council consider a special assessment against the benefited property. He recommends the Council hold a public hearing on this improvement to set the record for any possible future assessment of this project. Councilman Shulstad I suggested that the City meet with the Chanhassen Estates Residents Association to explain the proposed frontage road, the partial closing of Dakota at Highway 5, and a possible special assessment. Councilman Shulstad will find out when the next assiciation meeting will be held. The City Attorney will contact the landowners to acquire the right-of-way needed for the road. LYMAN BOULEVARD AND MINNEWASHTA PARKWAY: Pat Murphy, Carver County Public Works Director, would like to appear before the Council to discuss county roads. LIQUOR LICENSES: A motion was made by Councilman Neveaux and seconded by Councilman Shulstad that the On-Sale Liquor License fee for the year 1975 be set at $4,800.00, On-Sale Non-Intoxicating Liquor License fee be set at $175.00, Off-Sale Non-Intoxicating Liquor License fee be set at $25.00, Off-Sale Intoxicating Liquor License fee be set at $150.00 and Sunday Liquor at $200.00. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Mayor Klingelhutz appointed Councilmen Hobbs and Kurvers to a committee to study liquor licenses in other communities and report to the Council by December 1975. BICENTENNIAL STATIONERY: A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to authorize the printing of bicentennial stationery to be used for all City correspondence for the next two years. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux I Chanhassen City Council Minutes February 17/ 1975 -5- Shulstad, and Kurvers. No negative votes. Motion carried. I WORLD DAY OF PRAYER: Mayor Klingelhutz proclaimed Marcy 7, 1915, as World ,Day of Prayer in the City of Chanhassen. A motion was made by Councilman Shulstad and seconded by Councilman Neveaux to adjourn. The following voted in favor: Mayor Klinge1hutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Meeting adjourned at 12:20 a.m. ¿L'-ußJ7~~ft~ jerry Schlenk Deputy Clerk I I