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1975 08 04 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING AUGUST 4, 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 Shulstad and seconded by Councilman Neveaux to approve the July 7, 1975, regular 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 Shulstad and seconded by Councilman Hobbs to approve the Special Council minutes of July 14, 1975. The following voted in favor: Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. Mayor Klingelhutz abstained. Motion carried. Councilman Hobbs is still waiting for a report from the Police Department regarding the dead horse on Highway 5. The Administrator will meet with the Horse Inspectors regarding the Stable Permits. (C'HOSE TOWER: A motion was made by Councilman Shulstad and seconded by qouncilman Hobbs that upon reconsideration of action taken at the July 14 meeting based upon the fact that it has been reported that the jOb has not been complete that the authorization contained in the minutes of July 14 be rescinded and that the payment not be made until the job is completed to the satisfaction of the Fire Department. 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 Kurvers to amend the agenda to the Public Hearing on the Vacation of a Portion of Lakota Lane. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. PUBLIC HEARING VACATION OF A PORTION OF LAKOTA LANE The public hearing was called to order at 8:35 p.m. The following interested persons were present: M. C. Happe, 495 Lakota Lane; Gene Coulter, 7550 Great Plains Blvd.; Bernie Schneider, 220 West 78th Street; Mr. and Mrs. Willard Johnson, 1660 West 63rd Street. The property is located on the east side of Great Plains Blvd. on the river bluffs. The City Attorney recommended the vacation be granted. The area to be vacated is that portion of Lakota Lane which lies north of the northerly line of Lot 5, Bluff View Addition. The area to be vacated has been replaced by a 50 foot right-of-way easement and a cul- de-sac with a radius of 40 feet. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to close the public hearing. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Hearing adjourned at 8:45 p.m. Regular City Council Minutes August 4, 1975 -2- VACATION OF A PORTION OF LAKOTA LANE: RESOLUTION 75-20: Councilman Shulstad moved the adoption of a resolution to vacate that portion of Lakota Lane that lies north of the I northerly line of Lot 5, Bluff View Addition, Carver County, Minnesota, as described in the public hearing notice. Mr. Maynard Happe will pay the escrow account before this is filed with the County. Resolution seconded by Councilman Hobbs. 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 public hearing minutes of July 21, 1975. The following voted in favor: Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. Mayor Klingelhutz abstained. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the Regular Council Minutes of July 21, 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 Hobbs and seconded by Councilman Neveaux to note the July 9, 1975, Planning Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. The Planning Commission requested that all members receive copies of the Council minutes. The Council feels that only the Chairman should receive. copies of Council minutes. He can use his discretion as to whether I all members receive copies if there is something that pertains to the Planning Commission. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to note the July 23, 1975, Planning Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. The Planning Commission is quite concerned about the Apple Valley Red-E- Mix Plant. Councilman Neveaux asked what action the Building Inspector has taken. The City Planner stated that the bond and landscape plan came today, August 4 and for the most part it does not conform with the ideas the City Council had in Mayor June. The Building Inspector has not issued a certificate of occupancy on the building. The Council would like an explanation from the Building Inspector. The Council will discuss this further next Monday evening when the Building Inspector and Zoning Administrator can be present. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to note the July 9, 1975, Planning Commission Public Hearing minutes of the Sorenson Replat. 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 July 9, 1975, Planning Commission Public Hearing Minutes on the Louris Rezoning. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. I I I I R~gular City Council Minutes August 4, 1975 -3- A motion was made by Councilman Shulstad and seconded by Councilman Neveaux to note the July 17, 1975, Planning Commission Public Hearing Minutes on the Amendment to the Comprehensive Plan and note a correction on page 1 of the word Council to Commission. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Councilman Shulstad attended the above public hearing and felt that Hud Hollenback did a very good job of conducting the public hearing. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to note the July 15, 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 Shulstad to note the June 26, 1975, Bicentennial Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Councilman Hobbs presented a sketch plan proposal for the Old Village Hall and Mini Park. He asked for Council approval for $5.00 for the city's portion of a Bicentennial Booth at the Carver County Fair. Gene Couiter and Russell Larson each gave him $5.00. HISTORICAL COMMITTEE: Bobbi Betz was present. She stated the Historical Committee is in the process of incorporating and they want to make sure that does not jeopardize the $250 from the City. The City Attorney stated he would like more time to study the question. Sometime during the month of September the Historical Committee would like to use the Old Village Hall and parking lot for an ice cream social. The Council felt there would be no problem if they made arrangements with the present tennant of the Old Village Hall and discussed the idea with Mr. Pauly. The Historical Committee is looking for the Township Minute Book from 1872 to 1895. The Council suggested they ask at the Carver County Historical Society or Arthur Stockwell. SIGN ORDINANCE: Several persons were present for this discussion. Craig Loftgress, Naegele Outdoor Advertising, asked if he could give the outdoor advertising company's points since the City prohibits outdoor advertising. He was told to have his recommendations to the City Office by this Thursday so that the Council could study them before the meeting Monday evening. A motion was made by Councilman Shulstad and seconded by Councilman Hobbs that the City Planner be directed to investigate further as one alternative a City Directional Sign System and prevail upon the assistance of Tim Stone in picking up the original exploration that was done. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A letter from Donald Halla dated July 19, 1975, was received requesting a sign or signs to advertise a sale. It was decided to invite Mr. Halla to the Special Council meeting Monday evening. Regular City Council Minutes August 4, 1975 -4- A motion was made by Councilman Kurvers and seconded by Councilman Shulstad to direct the City Attorney to determine if Halla Nursery is a legal or illegal use in an R-IA District. The following voted I in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. COMPLAINT: Gene Coulter complained about the excessive loitering at the shopping center also the noise at the Sinnen house and Pauly house. A motion was made by Councilman Hobbs and seconded by Councilman Shulstad to direct the City Administrator to set up a meeting between the City Council, Sergeant/ Captèint.~nd Carver County Sheriff to discuss general policing problems within Chanhassen. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. TEMPORARY SIGN - BUD REDBURN: Mr. Redburn is requesting a temporary sign permit to erect a lighted, plastic 4' x 8' sign at 7701 Arboretum Blvd. for a period of two years. He is considering one of two locations; one is 75 feet east of the existing Buesgens sign and the other is west of Buesgens property near the fire hydrant. The City Attorney stated there is no provision in the ordinance for a temporary use permit. Councilman Shulstad - Have you considered the possibility of a sign in a manner similar to the other operations that are in that office building by occupying a space on that direction sign similar to what other operations have? Most office buildings do not and should not allow for tennants I within those office buildings to have individual advertising signs post in their proximity or you lose control of the aesthetics of that area. I don't think this constitutes a temporary use. Bed Redburn - I have. A couple of things deterred from that 1) I understand that the sign itself is under question and 2) to add another slat would further exceed the ordinance. Councilman Hobbs - The fact that the initial sign came into question was because it had the State Farm Sign hanging underneath it and a barber pole attached to it. When it had the wooden slats across there even though it might get a little bit higher than was on the design I don't think that would have prompted the action that the Council took. I would really like to see you pursue that avenue to go back to get your slat across there. If we give some type of temporary variance which would be completely new because you need a sign then I am sure the barber is going to need a sign and any body else that would move in there would need a sign. I don't know how I could decide who was justified and who was not justified in having a temporary sign out in front of that particular building. Councilman Kurvers - I think the type of space available on the sign should be up to the owner of the building on that particular sign. A certain amount of space is allotted to that building so how that it is used is up to the owner of the building. If we OK a sign a certain I size that's up to the owner of the building who he is going to let use it. Your type of business should conform to that particular sign that was OK'd. I I I Regular City Council Minutes August 4, 1975 -5- Councilman Neveaux - There are other State Farm Agents that do not have that sign. I think there are other options and I think you have zeroed in on the fact that you are going to have to use that sign or you do not face up to the issue that there are other ways to advertise being a State Farm Agent than that sign. You have closed your options. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs that Mr. Redburn's request of July 29, 1975, be denied. The following voted in favor: Mayor Klingelhutz, Councilmen HObbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. MANDATORY PLANNING: The City has received an invitation from Mr. Clyde Allen, President of the Association of Metropolitan Municipalities, to comment on Senate File No. 1653 as it relates to mandatory planning in the seven county metropolitan area. Councilman Neveaux and Bruce Pankonin, City Planner, have prepared a letter in response and suggested the Council forward it to Mr. Allen and also the Board of Directors of the Association of Metropolitan Municipalities and Mayor Reimer of Maple Grove. A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to approve Council signatures on the letter presented by Bruce Pankonin and Councilman Neveaux dated August 4, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. PROJECT NEWGATE - ZONING ORDINANCE CHANGE: The City Planner presented this to the Planning Commission to see if they would initiate an amendment to the Zoning Ordinance to include medical, social service institutional uses as a conditional use in an R-IA District. The Planning Commission felt it was at cross purposes with the intent of the R-IA District and that the overall philosophy of the City is that urban land uses get along in the urban areas that have sanitary sewer and water and rural land uses are to remain that way until they change sometime in the future. The question before the Council is; is the Council willing or desirous of initiating an amendment to the R-IA Use District to include medical, social service land uses? Operation Newgate is interested in the land and since they do not have title to the land they cannot initiate the petition. The property in question is the old seminary on Highway 212. Ron Severson, Director of Project Newgate at the university of Minnesota, stated that the agency that is asking for Council action is the Center for Group Study which is a nonprofit educational corporation which operates all Newgate projects other than the one at the University. The Center for Group Study has made an offer to purchase the land from the Knights of Columbus. The City Engineer stated there are no plans for going ahead and connecting the Chaska sewer system with the metropolitan sewer system. It is physically possible that they would pump into the end of the Gedney line. That's probably the easiest availability of sewer service although it might be expensive. He stated that the important decision here will be made by the Metropolitan Sewer Board not necessarily by the Council. If the Sewer Board will allow you the use of the present system or the hooking up with a pump and a forcemain to the Gedney line then that removes that as an absolute roadblock and it becomes an economic one. We can make whatever inquiries you think are desirable from the Sewer -- Regular City Council Minutes August 4/ 1975 -6- Board without any expense at all. couple weeks. We will try to get an answer in a GREAT PLAINS BLVD: The Council received a letter dated July 30, 1975, I from the City Attorney outlining the approach he has taken on this matter. He has met with the appellates attorney and has been unable to reach any sort of satisfactory arrangement. The City Attorney asked that a private attorney-client conference be held to explore the alternatives the consequences of the alternatives and all other aspects of this matter. This is still a matter before the courts. The meeting will be held Monday August 11 at 7:15 p.m. in the conference room. SIX MONTH BUDGET REPORT: The budget report will be discussed at a later meeting. CITY INSURANCE: The City Maintenance Shop has been burglarized twice in recent weeks. The Administrator is compiling a list and prices of everything that was taken. This will be turn in to the insurance company as a claim. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs that Mr. Barry Brooks, Clerk-Administrator, be authorized to cover the theft under the Merchantile Open Stock coverage of our policy in the amount of $230.00 annually. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. The Council would like copies of the minutes of the meeting that Mr. I Chase previously attended and have Mr. Chase appear before the Council at a future meeting. The Administrator will check into Transcontinentar Brokers. 75-5 WATER PROJECT: Bids have been received on this project. They range from $8,590 to $10/305. The low bid is about 24% over-the City Engineer's estimate due mainly to the cost of six inch pipe. Mr. Gary Carlson was present. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs that the Council accept the low bid on the Watermain Project 75-5 and award it to the Hennen Construction Company of Loretto in the amount of $8,590 and that Mr. Gary Carlson enter into an agreement with the City outlining the fact that he will accept the total cost of the project to the amount of $10,384 as per the Engineer's letter of August 1, 1975, and that further clarification be received from the firm of Schoell and Madson outlining exactly how the assessment rebate will be handled in the future. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No neyative votes. Motion carried. CARVER BEACH ACCESS: It is the intent of the Council to leave the chain down for a period of time to see if the no parking signs are working. I The Council would like to know how many parking tickets have been issue" in the no parking area for the August 11 Council meeting. The Administrator was instructed to find out if water surface citations tha the County Water Patrol might issue come to the City or the County. I I I Regular City Council Minutes August 4, 1975 -7- BOARD OF ADJUSTMENTS AND APPEALS: A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to appoint Councilman Shulstad as an alternate to the Board of Adjustments and Appeals. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. NO SMOKING AREA: A motion was made by Councilman Shulstad and seconded by Councilman Hobbs that the Council Chambers be identified according to the regulation as a non-smoking area. The Administrator be directed to put up signs indicating no smoking in the Council Chambers but also designate where smoking is allowed which should be in the outer lobby. This would apply to any public meeting. The. following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. CETA TITLE VI: Carver County has received federal funds for employment under CETA Title VI Program. Chanhassen is allocated one position at $833.00 a month total reimbursement. The Council will have to decide if they want to participate in the program. The City Planner and Administrator recommended a planning assistant or an engineering technician. The Council will discuss this at the August 11 meeting. 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 12:35 a.m. , aA(4~? Barry Brook~ I Clerk-Administrator