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1975 07 14 I I I SPECIAL CHANHASSEN CITY COUNCIL MEETING JULY 14, 1975 Acting Mayor Kurvers called the meeting to order at 7:55 p.m. with the fOllowing members present: Councilmen Hobbs, Neveaux, and Shulstad. Mayor Klingelhutz was absent. The meeting was opened with the Pledge to the Flag. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to consider items tabled from the July 7, 1975, meeting. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. ROGER BYRNES VARIANCE REQUEST: This property is located at 6724 Huron, Carver Beach. The Board of Adjustments and Appeals held a public hearing on the site and recommended the Council approve the variance request after an opinion from the City Engineer on if Huron will be widened when sewer and water are installed. A letter was received from the City Engineer dated July 3, 1975, stating there would be no problem. Mr. Byrnes wants to add a garage and family room to his home. The City Planner recommended approval. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to grant a front yard variance to Mr. Byrnes. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. TRANSPORTATION POLICY PLAN: The City Planner sent a letter dated July 14, 1975, to Mr. Boland requesting the public hearing record be kept open 20 days after the public hearing on July 16 to allow Chanhassen to have constructive comments read into the record. A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to note the letter to Mr. Boland. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. LAKE MINNEWASHTA REGIONAL PARK: The Planning Commission will hold a public hearing Thursday July 17 to consider amending the Generalized Guide Plan to designate that area as a public use. The Council was urged to attend. NO PARKING SIGNS MINNEWASHTA PARKWAY: 'The Administrator explained the history of the signs. The Council authorized these signs after receiving numerous complaints. The road was widened when the public utilities were installed. The Police now feel that parking could be allowed on one side of the street without creating a problem. There currently is no parking along Minnewashta Parkway from King~ Road to St. Joe access and along both sides of Kings Road. A motion was made by Councilman Shulstad and seconded by Councilman Neveaux that the Council authorize the removal of all the no parking signs on the west side of Minnewashta Parkway south of the lift station to Lake St. Joe access also the one sign on the east side of Minnewashta Parkway between Red Cedar Point Drive and the creek bridge per recommendation of Sgt. Ric Anding in his memorandum of July 2, 1975. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. Special Council Minutes July 14, 1975 -2- GARY CARLSON PETITION FOR CITY WATER: The City Engineer has prepared the plans ~nd specifications and iequest authorization to advertise for bids. The project includes the extension of a six inch watermain to serve Mr. Carlson's new home on Lot 6, Schmid's Acre Tracts. I The City Attorney has obtained all right-of-way easements from Mr. Carlson that were requested. A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to approve the plans and specifications and authorize the City Engineer to advertise for bids. 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 Hobbs that Mr. Carlson in a letter dated July 14, 1975, is willing to accept the full total estimated cost of $8,373.00 with any access credited against future sanitary sewer assessments. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. KERMIT AUSTAD VARIANCE REQUEST: Mr. Austad has agreed to go along with a 20 foot varlance for his garage. He previously asked for a 28 foot variance. The Board of Adjustments and Appeals has not acted on the new request. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to refer Mr. Austad's request for a variance back to the Board of Adjustments and Appeals. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. I RESOLUTION FOR COMMON CIVIL DEFENSE ORGANIZATION: The Administrator explained there has been -a shift in policies for funding and communities under 10,000 population are not likely to get funding. The Civil Defense people want to go on a joint contract and joint application for several communities in Carver County. The Council would like clarification on the funding. RESOLUTION 75-15: Councilman Neveaux moved the adoption of the suggested resolution as presented in the July 7, 1975, Agenda. Councilman Shulstad seconded the resolution. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. HOSE TOWER: A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to authorize payment to Carl Wachholz Masonry out of available General Fund money with the stipulation that it will be repaid by revenue sharing receipts. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. COMPLAINT: Councilman Hobbs was very unhappy with the way the dead horse on Highway 5 was handled. He would like a full report from the Police Department. I STABLE PERMITS: The Administrator stated that the Horse Committee hid inspected the following applications and recommended Council approval: Arthur Owens, Richard Chadwick, Howard Hallgren, Al Harvey, Nancy DeMun Wenzel, John Ziegler, Keith Bartz, Sheri Peterson, I I I Special Council Minutes July 14, 1975 -3- Dr. Thomas Rainey, and Royal Martin. A motion was made by Councilman Shulstad and seconded by Councilman Neveaux that the applications for Stable Permits in the City of Chanhassen be approved for the following: Arthur Owens, Richard Chadwick, Howard Hallgren, Al Harvey, Nancy DeMun Wenzel, John Ziegler, Keith Bartz, Sheri Peterson, Dr. Thomas Rainey, and Royal Martin. Councilman Neveaux suggested the Council get something other than a signative and a date from the inspectors such as a check list. The City Attorney asked if there had been any staff sopt checking of these stables. The Administrator said no. Councilman Neveaux withdrew the second and Councilman Shulstad withdrew the motion. Craig Mertz suggested a sentence be added to the bottom of the permit form by the inspectors signature stating "I hereby certify that I have inspected the above premises and find it to be in compliance with the ordinance". A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to table action on the Horse Permits as presented this evening until such time as the Administrator has adopted a procedure for certification of the signatures of the inspector on the application and has received the same. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. PROPOSED PARK ORDINANCE: Craig Mertz discussed changes in the Park Ordinance. Section 15 now allows intoxicating liquor in the park. The City Attorney will reword this section. Section 29 would eliminate fish spearing. This should be changed to read: All holes outside fish houses shall not exceed 12 inches in diameter. The Assistant City Attorney suggested Section 31 (b) be reworked to define who is a resident and who is a non-resident. He suggested that a resident was a person living in the City or owning real estate in the City. Section 32 (c) should have a sentence added: Bicycles permitted only in posted areas. Craig Mertz asked the Council to consider adding a section that canoes, sailboats, row board cannot be used within the swimming area except for life saving purposes. Section 36 (10) to read: No child under 12 years of age shall be allowed on the beach unless the child is under the direct supervision of a competent person who shall be not less than 16 years of age. Section 30 to read: It shall be unlawful to have any fires on the ice of any park waters, provided, however, that manufactured heaters burning liquid fuel may be used. A motion was made by Councilman Hobbs and seconded by Councilman Shulstad to approve the proposed Park Ordinance with amendments as discussed and noted in the minutes and send back to the City Attorney for formal editing. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. Special Council Minutes July 14, 1975 -4- OUTLOT 2 CHANHASSEN . .. - -. - . - , through Outlot 2 in easement be removed it because the City ESTATES: The City has a sanitary sewer easement Chanhassen Estates. Bob Mason has asked that this from the title. The City Engineer has approved has removed the sewer plant. I A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to authorize the grant of a Quit Claim Deed to Chanhassen Holding Company releasing the sanitary sewer easement crossing outlot 2 plan of Chanhassen Estates and direct the Mayor and Clerk-Administrator to execute the document. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. PART TIME LIFEGUARD: A part time lifeguard is needed during the time of' swimmi"ng le'ssonsa t Lake Ann Park. The Council felt this is an administrative decision to take care of this problem. Acting Mayor Kurvers suggested that on busy days at the park the City should consider hiring a police officer to patrol the park. This will be referred to the Park and Recreation Commission for study and comment. OPEN MEETING LAW: RESOLUTION 1~-16: Councilman Hobbs moved the adoption of a resolution supporting the League of Municipalities proposed amendment to the State Open Meeting Law. Resolution seconded by Councilman Neveaux. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. GREENWOOD SHORES FEASIBILITY REPORT: RESOLUTION 75-17:- toun6ilman Shulstad moved the adoption of a resolution calling for a public hearing on Greenwood Shores Sewer and Water Improvement Project on August 20, 1975, at 7:00 p.m. in the Chanhassen Elementary School. Resolution seconded by Councilman Neveaux. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. I FRONTIER TRAIL STREET IMPROVEMENT PROJECT: RESOLUTION 75-18: Councilman Shulstad moved the adoption of a resolution calling for a public hearing on Frontier Trail Street Improvement Project on August 20, 1975, at 8:30 p.m. in the Chanhassen Elementary School. Resolution seconded by Councilman Hobbs. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. BLUFF VIEW ADDITION: Mr. Maynard Happe owns Lot 5, Bluff View Addition and has acquired right-of-way from the Teichs and Bartols for construction of a new part of Lakota Lane with a cul-de-sac. The easement has been granted to the City. The City needs to vacate a portion of Lakota Lane from the west edge of Lot 5 east to the end. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to hold a public hearing on the partial vacation of Lakota I Lane on August 4, 1975, at 8:30 p.m. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. AUTHORIZED SIGNATURE: A motion was made by Councilman Shulstad and seconded' by Councilman Neveaux that one of the authorized signatures at the State Bank of Chanhassen be Barry Brooks¡ Clerk-Administrator. I I I Special Council Minutes, July 14, 1975 -5- The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. LORD/GLAESER RECOUNT: The City was served with an order to pay on the electlon recount. The first half fiscal disparities payment was received from the County with this amount deducted plus serving fees for a total of $316.32. The City Attorney stated this was totally illegal. It is a totalitarian act by the County. You cannot take property without due process of law. A motion was made by Councilman Shulstad and seconded by Councilman Neveaux to adjourn. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Meeting adjourned at 10:30 p.m. I~) ~ /7 I ~y';5/'i ~51l¿7<r:ß-d Barry Brooks Clerk-Admini4trator ,:. :