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1975 12 15 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING DECEMBER 15, 1975 Mayor Klingelhutz called the regular meeting to order at 7:30 p.m. with the following members present: Councilmen Kurvers and Neveaux. Councilman Shulstad came late. Councilman Hobbs was absent. The meeting was opened with the Pledge to the Flag. MINUTES: A motion was made by Councilman Councilman Kurvers to approve the Special 25, 1975. The following voted in favor: Neveaux and Kurvers. No negative votes. Neveaux and seconded by Council Minutes of November Mayor Klingelhutz, Councilmen Motion carried. The City Attorney will have a meeting with the City Engineer and Mr. Donald Berkey to work out an agreement on the drainage easement. A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to approve the Regular Council Minutes of December 1, 1975. The following voted in favor: Councilmen Neveaux, Shulstad, and Kurvers. Mayor Klingelhutz abstained. Motion carried. A motion was made by Councilman Shulstad and seconded by Councilman Neveaux to note the November 13, 1975, Bicentennial Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Kurvers and seconded by Councilman Shulstad to note the December 4, 1975, Bicentennial Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. BILLS: RESOLUTION #75-58: Councilman Shulstad moved the adoption of a resolution authorizing the Treasurer to transfer sufficient funds to cover the deficit for Project 71-1 from the 1971 Bond Issue. Resolution seconded by Councilman Kurvers. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Kurvers and seconded by Councilman Shulstad that the bill from Lowell Carlson in the amount of $298.00 be added onto the regular bills for December 15, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad that the November bills as presented and added onto this evening and as appear in the agenda be approved with the exception of the Northdale Construction bill. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. RESOLUTION #75-59: Councilman Shulstad moved the adoption of a resolution directing the Treasurer to write a warrant to Northdale Construction Company in the amount of $18,277.71, check #008186, General Fund. Resolution seconded by Councilman Kurvers. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. PROPOSED 1976 UTILITY BUDGET: The Council will review the sewer and water rates in January. --- Regular City Council Meeting December 15, 1975 -2- A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to approve the 1976 utility Budget as presented. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. SHERIFF'S REPORT: Sgt. Ric Anding was present to discuss the monthly report. The Council would like to receive information on major occurrences that happen in the City. Sgt. Anding was asked to check his records on the number of homes that were burglarized and used operation. identification. Perhaps some publicity on operation identification would get more people to use it. KOEHNEN DUPLEXES: Gordon Koehnen and Jim Penberthy, Attorney, were present. The City Attorney asked the Council not take any action on this until they have received his written report. Mr. Penberthy stated that all units are being used as duplexes except Tract H. He proposed that Tract I would become a suplex and Tracts G and H as triplexes. Mr. Koehnen will pay any additional sewer and water assessments plus SAC charges. Tracts G and I are presently being used as duplexes and Tract H as a triplex. The City Attorney asked for a proposal on off street parking. will submit a proposal in writing to the City Attorney. They I None of these homes has a garage. Tract G has four off street parking spaces, Tract H nine spaces and Tract I six spaces. The City Attorney suggested they consider making a communal parking lot to I serve all three properties. They were advised to contact the City Planner regarding regulations for off street parking. KIRKHAM ROAD VACAT10N: Mr. Kenneth Smith was present. The City Attorney suggested the City Engineer prepare the final easement. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers that the City Attorney and City Engineer be directed to produce the necessary documents. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. G~RY CARLSON WATER ASSESSMENT: Gary Carlson was present asking the Council to change the assessments levied against Lot 4 and part of Lot 6. He requested that one unit be placed against the portion of Lot 6 and the remainder against Lot 4. He cannot get his financing released for his new home on a portion of Lot 6 unless he escrows the assessment cost. The City Attorney suggested the Council should verify the ownership of Lot 4 and that portion of Lot 6. He will have a report at the next Council meeting. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to table action until the next Council meeting. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Mr. Carlson was told to work something out with the Acting Administrator on how much cash payment he can make on these assessments to the City. I . I I I City Council Meeting December 15, 1975 -3- PROJECT 71-lE CONTRACT N~ENDMENT #2: Bill Brezinsky explained that this amendment is for work that was done on the Minn-Kota Project that isn't covered by unit prices but is the City's obligation to pay. RESOLUTION #75-60: Councilman Neveaux moved the adoption of a resolution to approve Contract Amendment #2 in the amount of $2,760.09. Resolution seconded by Councilman Kurvers. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. CHANHASSEN/EDEN PRAIRIE INTERCEPTOR DESIGNATION: RESOLUTION #75-61: Councilman Neveaux moved the adoption of a resolution to request for Interceptor Designation of Eden Prairie DL-l Trunk Sewer by Metropolitan Council and Metropolitan Waste Control Commission. Resolution seconded by Councilman Shulstad. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. GRANT-IN-AID PROGRAM FOR DISEASED TREES: Henry Wrase was present to explain the program. A motion was made by Councilman Kurvers and seconded by Councilman Shulstad that the Council accept the policy as presented for 1975 and send it to the State. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. RESOLUTION #75-62: Councilman Shulstad moved the adoption of a resolution directing the Mayor and Acting Administrator to execute State Agreement 75-071 which is an agreement between the Department of Agriculture of the State of Minnesota and the City of Chanhassen. Resolution seconded by Councilman Kurvers. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. SWEEPER BIDS: Representatives from both companies Bids were received December 8, 1975 for a sweeper. from MacQueen Equipment in the amount of $23,601.00 Hall Equipment in the amount of $22,048.00. were present. A bid was received and a bid from RESOLUTION #75-63: Councilman Shulstad moved the adoption of a resolution accepting the low bid from Hall Equipment in the amount of $22,048.00. Resolution seconded by Councilman Kurvers. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. BID 17,000 LB. TRUCK: RESOLUTION #75-64: Councilman Neveaux moved the adoption of a resolution adopting the recommendation of Henry Wrase in his letter of December 11, 1975, in regard to the bid of Waconia Ford for a 17,000 lb. truck at a cost of $8,284.96 selling then the 1968 International for $1,500 to D and G Contracting. Resolution seconded by Councilman Shulstad. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. - - -----.--- - - - City Council Meeting December 15, 1975 -4- BID 27,500 LB. TRUCK: Mr. Wrase recommended the Council order a new truck and keep the 1969 Chevrolet until next Spring then decide what to do with it. The Acting Administrator reminded the I Council that the bid on this truck came in over the amount budgeted for 1976. RESOLUTION #75-65: Councilman Neveaux moved the adoption of a resolution accepting the bid from Waconia Ford for a 27,500 lb. truck in the amount of $13,123.53 with the option of a 391 motor for an additional $118.00. Resolution seconded by Councilman Shulstad. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. 1976 GARBAGE HAULERS LICENSES: A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to approve the following licenses: Bright Sanitation Crosstown Sanitation Gene's Sanitation Eden prairie Sanitation Able Sanitation and if Village Sanitation and Chaska Sanitation are paid by January 1, 1976, licenses will be issued. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. 1976 CIGARETTE LICENSE: A motion was made by Councilman Neveaux I and seconded by Councilman Kurvers to approve the following licenses: American Legion Post #580 Imperial Service Station Chanhassen Pharmacy Jerry's Old West Bar Kenny's Meats Pauly's Bar, Inc. Chanhassen Dinner Theatre Riviera Club Chanhassen Equal Station Chanhassen Cenex Station Brown's Standard Station Chanhassen Texaco Fas Gas #59 O'Leary's Kitchen M. A. Gedney Company Bluff Creek Golf Association and if Chalet Pizza II, 101 and 5 Drive In, and Leach's Resort are paid by January 1, 1976, licenses will be issued. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. PROJECT 75-2, EASEMENT ACQUISITION: The City Attorney updated the Council on easement acquisition for this project. A motion was made by Councilman Shulstad and seconded by Councilman Kurvers to approve the letter agreement with Mr. and Mrs. Hibbert Hill dated December 15, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. I I I A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to approve the letter agreement with Mr. and Mrs. Kenneth Erickson dated December 15, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. I I I I City Council Meeting December 15, 1975 -5- A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to approve the letter agreement with Board of Directors Sunrise Hills Civic Association dated December 15, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. APPLE VALLEY RED-E-MIX: The Acting Administrator stated they don't have their wood screening in place yet but are working on the brackets. They plan on having the screening up by Friday. HANUS PROPERTY: Don Hanus was present. He is working with his architect and the City Planner to screen the outside storage on the West side of his building on West. 78th Street. The Acting Administrator reported that there are two cars and a few barrels remaining on the West 79th Street property. A blacktop truck and truck box remain on the railroad property. Mr. Hanus stated the cars belong to someone else and he promised Mr. Hanus they would be removed. Mr. Hanus stated he would remove them tomorrow if the owner has not done so. The truck box is frozen in right now. METROPOLITAN MANDATORY PLANNING BILL MEETING: There will be a meeting Tuesday, December 16 at 7:30 p.m. in the Waconia Courthouse Annex concerning this proposed bill. Mayor Klingelhutz will attend. Perhaps the City Planner will attend. The State Planning Agency and Metropolitan Council are co-sponsoring a regional seminar December 16 at 7:30 p.m. at Mcquires Inn in Arden Hills. LOREN LAW: Mayor Klingelhutz reported on a discussion he had with Mr. Law. The Council would like to meet with Mr. Law on Monday December 22. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to adjourn. The following voted in favor: ~1ayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Meeting adjourned at 11:15 p.m. ¿",ø~d<ßæL Jerry Schlenk Acting Clerk-Administrator