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1975 07 21 CONTINUATION OF PUBLIC HEARING VACATION OF KIRKHAM ROAD JULY 21, 1975, AT 7:50 P.M. I Acting Mayor Kurvers called the continuation of the public hearing to order at 7:50 p.m. with the following members present: Councilmen Hobbs, Neveaux, and Shulstad. Mayor Klingelhutz was absent. Kenneth W. Smith, 3837 Red Cedar Point was present. The question came up at the public hearing that if in the future that sump area was filled whether the City would need a drainage easement across the property to get down to the lake. The City Engineer recommended getting a 15 foot drainage easement from Mr. Smith along the east property line of Lot 35. Craig Mertz, Assistant City Attorney, stated that one of the conditions for approval of the street vacation would be that a drainage easement be secured from Mr. Smith along the easterly boundary of Lot 35. Another condition would have to do with the dul-de-sac. Property would have to be taken from Lot 34 and Lot 9, Block 3. This would entail some legal expense and the Council may want to require as a further condition that the petitioner bear the legal expense of negotiating these easements and acquisition of right-of-way easement for the cul-de-sac. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to close the public hearing on Kirkham Road. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Hearing closed at 8:00 p.m. I ~-f~Fi;j Barry Brooky Clerk-Administrator REGULAR CHANHASSEN CITY COUNCIL MEETING JULY 21, 1975 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 came late. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to amend the agenda to allow the Council to take action on the vacation of Kirkham Road. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. I KIRKHAM ROAD VACATION: RESOLUTION #75-19: Councilman Neveaux moved the adoption of a resolution that that portion of Kirkham Road according to the plat of Red Cedar Point, Lake Minnewashta, Carver County, Minnesota, which lies south of the southerly line of South Cedar Road be vacated but that the resolution for vacation not be put of record with the Registrar of Deeds in Chaska until the following conditions have been met and complied with: 1. The grant of a 15 foot drainage easement on the easterly 15 feet of Lot 35. This grant be made by Mr. Smith and the underlying fee owner of that tract of land. 2. Mr. Smith bear the legal cost and acquisition cost of acquiring a cul-de-sac easement across Lot 34, Block 4 in Red Cedar Point and across Lot 9, Block 3 in Red Cedar Point. The plans of said proposed cul-de-sac City Council Minutes July 21, 1975 -2- dated June 27, 1975, by Schoell and Madson, Inc. be on file in the office of the City Clerk. The applicant also bear the engineering and City administration and publication expense involved in this proceeding. Resolution seconded by Councilman Shulstad. The following voted in , favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. FLAG POLE: Roy Roeser presented a check to the City from the Chanhassen Jaycees for payment of the flag pole and flags. The Jaycees have also set aside approximately $200 more to have the flag pole lighted. Councilman Shu1stad moved the adoption of a resolution complimenting the Jaycees for what they have done in the community and also for this passed Frontier Days. Resolution seconded by Councilman Neveaux. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Shulstad, and Kurvers. No negative votes. Motion carried. Councilman Neveaux thanked the Chamber of Commerce for their $200 donation to be applied towards a flag pole at Lake Ann Park. He thanked Gene Coulter for his work in attracting interest in the flag pole. Acting Mayor Kurvers asked that a letter be written thanking all organizations that helped with Frontier Days this year. MINUTES: A motion was made by Councilman Hobbs and seconded by Councilman Shu1stad to approve the June 16, 1975, special Council minutes. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. Change the date on Pages 2 and 3 of the June 16,1975, City Council minutes to June 16, 1975. I A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to approve the regular Council minutes of June 16, 1975, as amended. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. A motion was made by Councilman Shu1stadand seconded by Councilman Hobbs to approve the public hearing minutes on'the Vacation of Kirkham Road of June 30, 1975. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Shulstad to approve the June 30, 1975, Continuation of the Board of Review meeting. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. ACCOUNTING MACHINE: The Council discussed the deficiencies of the machine. The City Attorney would like to examine the contract with Burroughs but ordinarily you would have certain legal recourses if they have misrepresented it. There seem to be fewer machine errors but there are still enough errors that the Staff has to double check all the bills. The Clerk- Administrator has received quotes of $2,000 to sell it outright. He was asked to meet with the City Attorney and go over the contract. I BILLS: The Treasurer has completed the six month report which the Council will receive shortly. City Council Minutes July 21, 1975 -3- A motion was made by Councilman Shu1stad and seconded by Councilman Neveaux to approve the bills as submitted. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. I TRANSPORTATION POLICY PLAN: The City Planner reviewed the plan. The Metropolitan Council held their last public hearing on this plan July 16. The City Planner has written a letter to John Boland asking that the record be left open so that Chanhassen could transmit written correspondence in response to the Transportation Plan. He has met with Eden prairie and Carver County on the plan. The City Planner has prepared a letter dated July 21, 1975, to the Metropolitan Council for City Council approval on the Transportation Plan. A motion was made by Councilman Shulstad and seconded by Councilman Neveaux that the Council endorse the letter drafted by the City Planner in regard to the proposed Metropolitan Transportation Plan signifying the Council's agreement with the contents of the letter. The following voted in favor: Mayor K1ingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. The City Planner is not meeting with much success working with the suburban planners in taking a hard look at the mandatory planning bill. He asked if a Councilman would be interested in working on this. Councilman Neveaux volunteered to work with the City Planner. I LAKE STUDY COMMITTEE: Several members of the Lake Study Committee were present. Mayor Klingelhutz reviewed Council minutes of August 5, 1974, and August 26, 1974, Park and Recreation Commission minutes of August 6, 1974, and August 20, 1974, on how and why the Lake Study Committee was formed. The City Council would like the Lake Study Committee to submit a written report on the advantages and disadvantages of establishing a Lake Improvement District so that the Council can decide whether or not to form a district. Councilman Hobbs stated he would like to see the Lake Study Committee work on the eleven items in the Park apd Recreation Commission minutes of August 20, 1974. Perhaps the Lake Study Committee should meet with the Park and Recreation Commission and decide how you want to function and come to the Council with a work schedule for Council review. The Lake Study Committee would like to put out a questionnaire to all City residents to find out what they want for park and lake usage within the City. This could be included in the City Newsl~tter. Councilman Shulstad stated that the Lake Study Committee should work under the Park and Recreation Commission as they have a sufficient number of areas in common. I A motion was made by Councilman Kurvers and seconded by Councilman Shulstad that the Lake Study Committee will be under the Park and Recreation Commission and report to the Park and Recreation Commission. The Committee should start finalizing the questionnaire to be sent to residents of the City to see what the residents really want as far as lake accesses and use of our lakes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. City Council Minutes July 21, 1975 -4- A motion was made by Councilman Shulstad and seconded by Councilman Kurvers that the City Planners imput be obtained as appropriate. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. 1974 AUDIT: Ray and Virgil Hoffman were present to discuss the audit. I SIGN ORDINANCE: Bud Redburn was present. He has removed his State Farm Insurance sign as it was in violation. The Council has not received a copy of the Chamber's proposed changes to the Sign Ordinance. Councilman Shu1stad and Councilman Kurvers will work on the proposed revisions. There will be a Special Council Meeting August 11 to discuss the Sign Ordinance. The City Zoning Administrator will continue to enforce the Sign Ordinance and issue citations for violations. CITY NEWSLETTER: The Council has received a letter from Gail Stone dated July 17 regarding continuation of the City Newsletter. A motion was made by Councilman Shulstad and seconded by Councilman Hobbs that the Council authorize continuation of the City Newsletter by the City and graciously request Gail Stone to continue as editor. 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 that the Administrator send a letter to Gail Stone commending her for all the work she has done and that the council hopes she will continue as editor. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. The Administrator was asked to contact the Postal Service to find out if persons living in Chanhassen but having an Excelsior or Chaska mailing address can use Chanhassen for the City and the Chaska or Excelsior Zip Code on their mail. SHERIFF'S REPORT: A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to note the June Sheriff's Report. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. PROPOSED PARK ORDINANCE: The City Attorney's Office has edited the proposed ordinance as directed by the Council on July 14. section 31 (b) should be revised to include the months of May, June, July, August, and September. In Section 31 (b) delete the word Itbutlt in the last sentence. A motion was made by Councilman Shulstad and seconded by Councilman Hobbs I that the Ordinance as amended be approved. The following voted in favor: . Mayor Klinge1hutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. I I I city Council Minutes July 21, 1975 -5- MINNEWASHTA WOODS: The City Attorney brought up that there is a very bad street situation in Minnewashta Wood. The streets have settled. He cannot find a performance bond submitted by Ecklund and Swedlund on this project. There is a certificate of insurance on file certifying that they have liability insurance. The City Attorney will look into this. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to withhold any further building permits until such time as a satisfactory performance bond is filed with the City. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. The Administrator will notify Ecklund and Swedlund in writing of the above action. CLERK-ADMINISTRATOR AND CITY PLANNER MEETING: The Council will meet with the Clerk-Administrator and City Planner JUly' 28 at 7: 00 p.m. to discuss their concerns and duties. PROJECT 71-1E: Bill Brezinsky in a letter dated July 17, 1975, stated this project is ready for Council inspection. Two properties need further work, Wes Searles and Richard Comer. He stated he could not see any evidence of any siltation at the Comer property when he inspected it. Mr. Comer has requested, through the project inspector, that the road access to Lake Minnewashta be restored. Bill Brezinsky stated that the access was a grassy trail. Councilman Neveaux asked that Mr. Comer be put on a Council Agenda so that the problem can be straightened out. The other problem is the bank in front of the Wes Searles home. The contractor will have to go outside the easement in order to do the work and in order to do that they need a release or easement from Mr. Searles. A Council Committee of Mayor Klingelhutz, Councilmen Hobbs and Neveaux will inspect the project area Saturday July 26 at 9:30 a.m. DUMPING ON FRONTIER TRAIL: A letter was received from Jim Morrison, Sunrise Hills, regarding the dumping of debris on the Ed Hjermstad property. along Frontier Trail. The Administrator was instructed to contact Mr. Hjermstad and tell him the Council has discussed the problem and is concerned about what he is doing. STORAGE OF VEHICLES AT WEST 77th STREET AND FRONTIER TRAIL: In the same letter Mr. Morrison asked about the storage of a boat and trucks at the Jeff Swedlund property. The Administrator was instructed to talk to Mr. Swedlund stating that the Council is concerned about the problem and ask him what he plans to do. A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to adjourn. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Meeting adjourned at 12:15 a.m. ß4A7~¿~&~' Barry Brooks ( Clerk-Administrator