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1975 06 02 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING JUNE 2, 1975 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. MINUTES: A motion was made by Councilman Hobbs and seconded by Councilman Shulstad to approve the May 19, 1975, regular City Council minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Shulstad. Councilmen Neveaux and Kurvers abstained. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to table the Bicentennial Commission minutes of May 8, 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 Neveaux to note the May 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 Kurvers and seconded by Councilman Shulstad to note the May 14, 1975, Planning Commission Public Hearing minutes on Ralph Hutmaker Lot Split. 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 May 14, 1975, Planning Commission Public Hearing minutes on Gary Carlson Lot Split. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. BICENTENNIAL COMMISSION: A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to appoint Nick Waritz to the Bicentennial Commission as a representative of the Planning Commission. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shu1stad, and Kurvers. No negative votes. Motion carried. BOARD OF ADJUSTMENTS AND APPEALS: A motion was made by Councilman Hobbs and seconded by Councilman Shulstad to appoint Tom Noonan as a representative and member to the Board of Adjustments and Appeals and Mal MacAlpine as an alternate. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. PROPOSED MINING, EXCAVATION, AND VEGETA'J:'ION ORDINANCE: A motion wa.s made by Councilman Neveaux and seconded by' Councilman Hobbs to direct the City Engineer, City Attorney, and City Planner to submit to the Planning Commission by the first meeting in July material which will enable them to draft a Mining, Excavation, and Vegetation Ordinance. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shu1stad, and Kurvers. No negative votes. Motion carried. CHA8KA COMMUNITY SCHOOLS: Kurt Schmid, Community Schools Director, was present asking the Council to approve the Memorandum of Agreement and the Summer Program for 1975. Chanh~ssen City Council Meeting June 2, 1975 ...2... A motion was made by Councilman Hobbs and seconded by Councilman Neveaux that the Council approve the 1975-76 Agreement with Chaska School District as requested with the understanding that the Director will report in detail to the Council the cost of each program, the number I of participants, the cost per participant and any other information as to the effectiveness of the program. The following voted in favor: Mayor K1ingelhutz, Councilmen Hobbs, Neveaux, Shu1stad, and Kurvers. No negative votes. Motion carried. . A motion was made by Councilman Hobbs and seconded by Councilman Shu1stad to approve the funding for the 1975 Summer Program with the stipulation that the senior citizens part of the program be implemented after discussion with the senior citizens in Chanhassen to decide if they want it. The Director will report in detail to the Council the cost of each program, the number of participants, the cost per participant and any other information as to the effectiveness of the summer program. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shu1stad, and Kurvers. No negative votes. Motion carried. RALPH HUTMAKER LOT SPLIT: The Planning Commission held a public hearing May 14, 1975,-and recommended the Council approve the lot split. The property is part of Lot D, Bardwell Acres. The City Engineer reported that this property does not need anymore easements. They were taken when the sewer and water project went in. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the lot split on the Ralph Hutmaker property. The following voted in favor: Mayor K1inge1hutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. RESOLUTION #75-10: Councilman Neveaux moved the adoption of Resolution #75-10 following the recommendation of the Engineering Firm of Schoell and Madson dated May 29, 1975, in regard to the proposed lot division of Lot D Bardwell Acres stating that unit charges of $3,669 for lateral charges for each of the lots plus a trunk sewer and water availability charge of $700 plus 7% interest per year from the date of the original assessment. Councilman Kurvers seconded the resolution. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. I GARY CARLSON LOT SPLIT: The Planning Commission held a public hearing on May 14, 1975, and recommended the Council approve the lot split. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad that the Council grant Gary Carlson the lot split as proposed subject to the securing of the necessary easement as outlined in the Engineer's letter of May 8, 1975. The following voted in favor: Mayor K1ingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. RESOLUTION #75-11: Councilman Neveaux moved the adoption of Resolution #75-l1 of a trunk sewer availability charge of $320 plus interest and I also the placing of a sanitary sewer assessment in the amount of one lateral sanitary sewer unit $1,944, an area charge of 6,333 square feet. at 2¢ a foot $126.66, for a total of $2,070.66 plus 7% interest from the date of the original assessment as proposed by Schoell and Madson's letter of May 29, 1975. Councilmen Kurvers seconded the resolution. The following voted in favor: Mayor K1ingelhutz, Councilmen Hobbs, Neveaux, Shu1stad, and Kurvers. No negative votes. Motion carried. I I I Chanhassen City Council Minutes June 2, 1975 -3- CARVER BEACH: Several residents were present. Mayor Klingelhutz read a letter dated May 27, 1975, from the Carver Beach Association notifying the City that the Carver Beach residents will resume the use of the chain and lock at the boat landing area on Lotus Lake on June 1, 1975. The chain will be removed September 1, 1975. The two keys available in Carver Beach will be kept by Bill Janich and Leslie Nelson. They requested the City begin to actively pursue another location on Lotus Lake to be used as a public access. Mayor Klingelhutz asked if the Lake Study Committee has considered another access to the Lake? Jack Bell - We are in the process in conjunction with the Park and Recreation Commission of taking a look at all of the lakes. The Park and Recreation Commission has agreed to join with us in formulating a plan that encompasses among other things Lotus Lake. One of the problems is obviously the access. The committee unanimously felt that access to Lotus Lake should remain open until such time as the committee is in a position to recommend an alternative. In the committee's judgment there is a very small nucleus of individuals who live in close proximity to the access that are being imposed upon by other people. The facts of the matter are that that's going to be the situation no matter where you locate a public access. It is important that that access be left open for fish management and the enjoyment of the community. Councilman Neveaux - There were three options the Council thought about - open, closed or controlled. I was under the impression that we were to control the access by the availability of the keys. From what I understand the system worked pretty well last summer. Once it was installed we did not get one other complaint. Now we have got some things to smooth over I believe this year and it appears that perhaps our way of controlling was not the best. Perhaps we need some other keys or some other way to do it. I don't think with our present state of knowledge we want the access either open or closed right now until the lake study is done. Gail Stone - I think that the fact that there is this difference of opinion as to the problem with it being open or closed points to the need eventually for another good access to Lotus Lake if that is what the City needs. In the meantime having it controlled by the chain and key was an effective way of reducing the problem in our neighborhood. Councilman Kurvers - The Lake Study Committee has agreed that it wasn't the best access to Lotus Lake. We need the right type of imput from the right type of people rather than selfish individuals and then we as a Council can react. A1 Sinnen, Lake Study Committee - The impression you get here, if you didn't know better, is that there is 30 to 40 cars going down there. I sepnt four hours there Friday night when the lock Chanhassen City Council Meeting June 2, 1975 -4- wasn't up, one boat was picked up there. I don't think there was ten boats on the whole lake. There was no conflict of interest at all as far as usage of this lake. The way to control that access is by parkingl lqke they do every other access in the State of Minnesota. I can see no advantage to chaining it up. If there is a place to put their car they can fish and if there isn't they are going to have to take their car home. The lake is not crowded. It was asked if the City has considered the possible liability that occurs by putting up the chain and locking people on the lake. If there was an injury and a time delay in getting the injured person medical attention, does the City have a liability by establishing this type of control. The City Attorney answered no. A motion was made by Councilman Neveaux and seconded by Councilman Shu1stad to table a decision on this until the next regular meeting June 16. In the interim the key problem be resolved as it was last year and the names of the people that have the keys be posted in the bulletin board at City Hall. The City Staff contact Duane Shodeen, Regional Fisheries Manager DNR, and request his personal presence at the June 16 meeting. The following voted in favor: Mayor Klinge1hutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Lauren Hillquist requested that one of the keys be assigned to a member of the Lake Study Committee. It was suggested that the member of the Lake Study Committee living closest to the access have the key. Henry Wrase will check the streets in Carver Beach for "no parkingll signs and report to the Council at the June 16 meeting. I STANDARD OIL REMODELING PERMIT: Planning Commission for approval Commission recommended approval. and they recommended approval. Standard Oil has been before the of a building permit. The Planning This has been before the CBD Committee Mr. Don Skoog, Nu vista Exteriors, Inc. was present to discuss the remodeling. There will be no structural alterations. The top will be aluminum with the lower portion a brick treatment. All four sides of the building will be remodeled. Lights will be installed behind the gable. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux that the Council grant the building permit to Standard Oil in conjunction with the City Planner's letter of May 29, 1975, a western style remodeling plan. 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 Neveaux to direct the staff to research the zoning on this particular I parcel and upon finding out exactly what it is they will sit down with the owner/operator and talk it over with him and report back to the Council on June 16. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. I I I Chanhassen City Council Meeting June 2, 1975 -5- FRONTIER DAYS SITE SELECTION: Roy Roeser was present requesting approval of the "Old Feed Mill site" on West 78th Street for the tent and carnival area. He has discussed this plan with the Police Department and asked for recommendations. They did not see any problems and thought by having the tent at the new site would keep the police units closer together. Parking will be at St. Hubert's Church lot and Animal Fair. They plan to block off Chan View Street at Great Plains Blvd. and at Iroquois. They are also planning to have more satillite facilities this year. The carnival and food concessions will close down at midnight on Friday and Saturday nights. Councilman Hobbs stated that one of the reasons that the Frontier Days Committee is going through this again this year is to insure that Chanhassen will have a celebration for 1976. The Bicentennial Commission designated Frontier Days as part of the Bicentennial Celebration under the Festival part of it. The time and effort I have seen expended on it looks to me like they have tried to do everything feasible to make sure that this thing is going to come off as well as it can. They have taken into consideration the people who live on the other road. The main tent will be close to West 78th Street with the carnival area behind. The carnival area will be fenced so that people cannot come in from the back. The Committee feels this site would be the best location. Several people were present objecting to the proposed location. The Council is concerned with the number of cars and people this will generate in a confined area. The Council has received a petition signed by 45 people living in the apartment buildings. Doug Hansen, Hansen and Klingelhutz, stated he formally objected to the location. There are 60 apartment units adjoining this and approximately 30 homes. There are bound to be problems multiplied from where it was before. Roy Roeser offered the old site as an alternative. This site is available although they feel it is too small. The City Attorney advised that separate clubs will have to apply for beer licenses. A motion was made by Councilman Shulstad that the Frontier Days Committee be instructed to find an alternative site for Frontier Days than the requested "Old Feed Mill" site. Motion died for lack of a second. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs that Frontier Days be allowed to carryon this year over the 4th of July weekend at the site proposed on West 78th Street, the "Old Feed Mill" site and that the conditions referred to Items 1-5 in theCBD minutes of May 6 be strictly adhered to. Temporary no parking areas be installed along Chan View, Great Plains Blvd., Huron, and Iroquois. Adequate sati1lite facilities be installed. The 120 foot area to the north of the fenced area be.patrol1ed on a regular b~sis by uniformed Sheriff's Deputy during the after dark hours. The following voted in favor: Councilmen Neveaux, Kurvers, and Hobbs. Mayor Klinge1hutz and Councilman Shulstad voted no. Motion carried. DUST CONTROL - CARVER BEACH: Henry Wrase reported that the cost would be the same as la~t summer. Chanhassen City Council Meeting June 2, 1975 -6- A motion was made by Councilman Shu1stad and seconded by Councilman Neveaux that the Carver Beach roads be oiled as per Henry Wrase's recommendation of May 22, 1975. The following voted in favor: Mayor I Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. STREET VACATION, KIRKHAM ROAD - RED CEDAR POINT: Kenneth Smith was prese~t, asking the City to vacate the southern portion of Kirkham Road. He would like to èlean up the debris on the right-of-way. The City Engineer was asked to look at this for a cul-de-sac and storm sewer. A motion was made by Councilman Hobbs and seconded by Councilman Shulstad to set the date for a public hearing to consider the vacation of Kirkham Road south of Red Cedar Point Road on June 30, 1975, at 8:00 p.m. The official notice to be published June 12 and 19 and notification be sent to all abutting property owners. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. DISEASED TREE PROCEDURE: Henry Wrase requested the Council set a policy on tree removal. A motion was made by Counc£lman Shulstad and seconded by Councilman Hobbs that it is the policy of the City that in cases of dutch elm and oak wilt disease the City Staff, City Forester give notice to the property owner as directed under the ordinance and applicable state law that the diseased trees shall be removed within a prescribed period of time and that if the property owner fails to do that the City will exercise its prerogative to come in with its own forces or contracted forces and remove the trees and assess the cost thereof against the property owner. Should the City be required to take action on its own for diseased tree removal the entire cost of removing the tree and hauling it away will be assessed against the property owner. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. I GENERAL REVENUE SHARING: A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to adopt the Revenue Sharing Planned Expenditures report prepared by the Clerk-Administrator and that he be authorized to publish it. The following voted in favor: Mayor Klinge1hutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. BOARD OF REVIEW: A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to hold a Board of Review meeting June lO, 1975, at 7:30 p.m. at the Chanhassen Elementary School. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. PROPOSED PARK ORDINANCE: This proposed ordinance will be. discussed at the June 16 meeting. I CHANHASSEN READING ROOM - LIBRARY: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs that the Council express interest in the Carver County Commissioner's request for reading room or library space in Chanhassen and the Administrator be directed to contact Commissioner Holtmeier and have someone from the Library Board I I I Chanhassen City Council Meeting June 2, 1975 -7- at a Council meeting when they can be available. The following voted in favor: Mayor Klinge1hutz, Councilmen Hobbs, Neveaux, Shu1stad, and Kurvers. No negative votes. Motion carried. NORTHWESTERN RAILROAD FIRES: The City Attorney has negotiated a settlement for $1,950 on the fires that occurred. The railroad company has agreed to limit the release to fires between April 15~ 1971, and July 30, 1973. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to authorize Mayor Klingelhutz to sign the release. The following voted in favor: £ouncilmen Hobbs, Neveaux, Shulstad, and Kurvers. Mayor Klingelhutz voted no. Motion carried. BONDING FOR 1976 PROJECT: The City Attorney advised the Council to consider how they will be paying for the Carver Beach Sewer and Water Project if it is approved. The Administrator will be meeting with the Fiscal Agent this week and will have recommendations for the June 12 public hearing. CIGARETTE LICENSE: A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to approve a Cigarette License for the 101 and 5 Drive In. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. PARK AND RECREATION COMMISSION APPOINTMENTS: The Council interviewed Roy Roeser, Pat Boyle, Joseph Betz, and Tom Kotsonas for the three vacancies on the Park and Recreation Commission. A motion was made by Councilman Shu1stad and seconded by Councilman Hobbs that the following individuals be appointed to the Park and Recreation Commission: Roy Roeser, Pat Boyle, and Joseph Betz. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. ORDINANCE 47-B: This is a consolidation ordinance amending the Zoning Ordinance; stabling of horses in R-l and R-1A, day care centers, rezoning of Out lots 1 and 2 Cedar Crest, rezoning of the Hesse Farm, medical and social service institutional uses and definition of medical and social service institutional uses. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to adopt Ordinance 47-B and direct the Mayor and Clerk~Administrator to sign it. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. LAKE STUDY COMMITTEE: Councilman Hobbs would like for the next Council meeting a review of the minutes of when the Lake Study Committee was set up to review why the Council set it up, the purposes for setting it up, and whether or not at this time it might not be the Council's consideration to have the Lake Study Committee work through the Park and Recreation Commission. Chanhassen City Council Meeting June 2, 1975 -8- A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to adjourn. The following voted in favor: Mayor Klingelhutz, I Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Meeting adjourned at 12:45 a.m. &~~ Barry Br oks C1erk-A inistrator I I I I !