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1975 09 22 I I I SPECIAL CHANHASSEN CITY COUNCIL MEETING SEPTEMBER 22. 1975 Mayor Klingelhutz called the Special Council Meeting to order at 7:15 p.m. with the following members present: Councilmen Hobbs, Neveaux, and Kurvers. Councilman Shulstad came late. The meeting was opened with the Pledge to the Flag. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to amend the agenda to establish as Item #1 consideration of the 74-lA Storm Sewer and Street Improvement Project plans and specifications. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. PROJECT 74-lA STORM SEWER AND STREET IMPROVEMENT PROJECT: Frank Laska explained the plans, specifications, and road profile to the Council. ASSESSMENT HEARING PAGE HOUSE REMOVAL SEPTEMBER 22, 1975, AT 8:15 P.M~ Mayor Klingelhutz called the public hearing to order with the following members present: Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No one was present for the assessment hearing. The City Attorney has prepared a resolution with an assessment roll for Council action. The total to be assessed against all the tracts of land $1,652.80. He recommended this amount be assessed against each of the five lots and the metes and bounds area so that if one lot is sold the assessment will be paid in full. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to close the public hearing. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Hearing closed at 8:20 p.m. ASSESSMENT ON PAGE HOUSE REMOVAL: RESOLUTION #75-30: Councilman Neveaux moved the adoption of a resolution entitled "Page House Removal Minnesota Hazardous Building Act" as presented this evening with an assessment in the amount of $1,652.80. Resolution seconded by Councilman Hobbs. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. PUBLIC HEARING RE-ASSESSMENT OF GREAT PLAINS· BLVD. SEPTEMBER 22, 1975, AT 8:25 P.M. Mayor Klingelhutz called the public hearing to order with the following members present: Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No one was present for the hearing. The City Attorney stated Mr. Roger Pauly· could not be present for this hearing but would like to be heard on the matter and asked that the hearing be opened and continued to next Monday evening. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to continue the public hearing until September 29, 1975, at Special City Council Meeting, September 22, 1975 -2- 7:15 p.m. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. I Hearing continued at 8:30 p.m. BOARD OF ADJUSTMENTS AND APPEALS: A letter of resignation was received from Dean Scheff. Mayor Klingelhutz directed the Administrator to write Mr. Scheff a letter thanking him for his services to the City. A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to accept his resignation with regret. 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 move Mr. Willard Johnson from an alternate to a regular member of the Board of Adjustments and Appeals. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. The Administrator will search out candidates and present them to the Council for the position as alternate to the Board of Adjustments and Appeals. PROPOSED 1976 BUDGET: The Council would like a report on what other communities pay their Mayor and Councilmen. BUILDING PERMIT - LEONARD WARE: Bob Bowen and Leonard Ware were presentl The Building Inspector reported that a building permit was issued in 1973 for a 24 x 38 x 8 foot building. The permit was changed to a 24 x 24 x 18 foot building. The permit is over 120 days old and no work was done therefore the permit is null and void. Mr. Ware has started to erect a building on the site. The Building Inspector cannot issue another permit because at the time of the conditional use permit the Council said the building would be 24 x 38 x 8 feet. Mr. Ware plans on using a small portion of the building for a dog kennel and the remainder for storage of tools, storm windows, etc. Mr. Ware stated that what he wanted to do was to build a storage building 24 x 36 and would be one story with a loft 7~ feet high. He stated they received the original permit in the mail which they discovered was wrong. He had his wife call the City Office to correct the dimensions in the permit to 24 x 24 x 18. Councilman Neveaux stated that a conditional use permit is good for one year and the building permit is good for 120 days if work has not been started so it would appear that both instruments are invalid. Essentially it is the same end product however the City has to cover itself in allowing it under a valid conditional use permit and also a valid building permit. The City would like an actual construction plan of what the finished building will look like. Mr. Ware agreed to draw a plan and submit it to the City. I A motion was made by Councilman Neveaux and seconded by Councilman Shulstad that the City issue a building permit to Leonard Ware for a frame building to be 24 feet in width, 36 feet in length, 18 feet in height, 2 stories, 864 square feet with an approximate valuation of $9,000 for the erection of a tool shed and storage building and that I I I Special city Council Meeting, September 22, 1975 -3- the City also grant a continuance on the conditional use permit originally granted on July 30, 1973, with the size requirements of the above mentioned permit to be made a part of that conditional use permit and the conditions setforth by the City Council on July 30, 1973, be attached, namely the builder is to use standard size doors to be used for garden tools. The purpose of the building will be such and the City will not be liable for putting in slab because of a lack of inspection. A fee of one-half the normal building permit amount to be charged to Mr. Ware and that is figured at one~half the $48.00 fee plus $4.50 for a total of $52.50, one-half equalling $28.50. The following voted in favor: Mayor Klingelhutz, Councilmen Neve~ux, Shulstad, and Kurvers. Councilman Hobbs abstained. Motion carried. SEWER AND WATER MAINTENANCE MAN: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to hire Curtis Brehm ata salary of $800 a month effective September 24, 1975, with the understanding that the City will be reimbursed for the salary by the County with CETA Title VI Funds for the fiscal year 1976. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. COpy MACHINE PROPOSALS: The Administrator presented proposals from Xerox Corporation, Pitney Bowes, and IBM for a new copy machine for the City. A motion was made by Councilman Hobbs and seconded by Councilman Shulstad to authorize the Administrator to enter into a contract with Pitney Bowes Corporation for a monthly rental on a copying machine per their proposal, Alternative 5, submitted to the City Council September 15, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. J?ROJECT 75-5: Bill Brezinsky reported that the watermain has been installed and tested and restoration work has been completed. The total cost of the project is $8,292.00. He recommended payment of 90% of the cost of the work and holding 10% until the Council inspects the project. The Administrator recommended the contractor be paid by borrowing money from the Administrative Charges Fund to be repaid if the assessments are not paid in cash from additional bonding on the next bond issue. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the recommendation of the City Engineer in his letter of September 11 authorizing payment #1 for Schmid's Acres Tracts Water- main Project 75-5 in the amount of $7,462.80 and the money to be procured by the Administrator from Administrative Charges on Improvement Projects to be paid back at a rate of 8% interest. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. The Administrator was instructed to research the minutes regarding what Mr. Gary Carlson agreed to pay. Special City Council Meeting, September 22, 1975 -4- VARIANCE REQUEST - KEN MORRILL: Councilman Shulstad gave a verbal report on the recommendation of the Board of Adjustments and Appeals. I They found no problem with granting the variance. Mr. Morrill is requesting a variance to build an addition to his home at 880 Glendale Drive, Carver Beach. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to approve the 9 foot front yard variance request for Mr. Ken Morrill. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. VARIANCE REQUEST - ROGER HANSEN: Councilman Shulstad gave a verbal report on the recommendation of the Board of Adjustments and Appeals. They found no problem in granting the variance. Mr. Hansen is requesting a four foot variance to build an addition to a home at 6840 Iroquois, Carver Beach. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to grant a four foot variance for Mr. Roger Hansen. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. VARIANCE REQUEST - KERMIT AUSTAD: Mr. Austad is requesting a rear yard variance to build a 24 x 30 foot storage building 12 feet from the property line. The Board of Adjustments and Appeals recommended denial of this request. I The Planner questioned how valid is the Carver Beach plan in designating Glendale as a pedestrian way to abutting property owners even if these properties have access' to another street. These lots are platted and ,can be easily transferred from one person to another unless the street is vacated and the area replatted. He posed the question, how many garages are enough? Mr. Austad already has a double garage and wants to build a 24 x 30 foot garage to store his boat. The City Planner outlined the procedure by which to consider a variance. It has to be based on unusual characteristics or physical constraints associated with each piece of property only. In this case there is no reason why he cannot comply with the literal provision of the Zoning Ordinance, namely a 30 foot rear yard setback. A motion was made by Councilman Shulstad and seconded by Councilman Neveaux to deny the variance request. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. If Mr. Austad does come in for a building permit according to the ordinance that he be told it is the Council's feeling that Glendale Drive is not intended to be a thoroughfare and whichever way he sites that building will have to be sited to be serviced off of Carver Beach Road. I LAKE STUDY COMMITTEE: The Lake Study Committee met last Thursday eveni and asked that the Council either re-appoint all of them or some of the members or come up with new members. It was decided to have the committee submit the names of persons who want to be re-appointed to the Park and Recreation Commission for their recommendation to the Council. I I I Special city Council Meeting September 22, 1975 -5- GRADING HIGHWAY 101 AND 5: The City Planner stated that Mr. Hanus was in his office today with three suggested alignments for West 79th Street. The Planner felt that all affected property owners should sit down and based on sound engineering practices, respecting the railroad rights granted by the easement of 1898, the road will be designed. On Wednesday of this week there will be a meeting with Mr. Hanus, Frank Kurvers, Daniel Klingelhutz, and Bill Brezinsky to go over the various alternatives of where the road should be. Once the private matters are hashed out the City Council can make a decision as to where the road should go and Mr. Hanus can proceed. The City Attorney was asked to prepare a list of alternatives that the City can do. FRANCO LORIS: A letter was received from Mr. Loris. The Administrator talked with Mr. Loris and he has agreed to oil the road within three weeks. INTERSTATE COMMERCE COMMISSION TRUCK ZONE: There will be a public hearing on the Interstate Commerce Commission Truck Zone. In the past Chanhassen has been outside this zone. Mayor Klingelhutz will take this to the next Chamber of Commerce meeting for their comment on extending commercial common carrier to include Chanhassen. , A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to endorse the concept of extending the Interstate Commerce Commission Zone to include Chanhassen. 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 adjourn. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Meeting adjourned at 12:15 a.m. ßaA/Jc¡ ß2~4/ Barry (yrooks Clerk-Administrator