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1974 04 01CHANHASSEN CITY COUNCIL MINUTES - April 1, 1974 -1- The regular Chanhassen City Council meeting was called to order at 8:00 p.m. on April 1, 1974 and was opened with the Pledge to the Flag. The following members were present: Mayor Klingelhutz, Councilmen Hobbs, Kurvers and Neveaux. Councilman Bennyhoff was absent. MINUTES: A motion was made by Councilman Kurvers and seconded by Council- man Neveaux to approve the March 18, 1974 Council minutes after the following correction: On page 4 in the last paragraph take out "with the conditions approved" and insert "with those conditions approved AS discussed ". The following voted in favor thereof: Mayor Klingelhutz, Councilmen Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to add to the March 4, 1974 Council minutes the adoption of a resolution Receiving a Feasibility Report on Frontier Development Park. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the March 18, 1974 Public Hearing minutes to Determine the Need for a Housing Redevelopment Authority to Function in Chanhassen. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to approve the special Council minutes of March 25, 1974. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. PARK AND RECREATION COMMISSION MINUTES.: A motion was made by Councilman Kurvers and seconded by Councilman Neveaux that the Park and Recreation Commission minutes of March 19, 1974 be noted and read. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. PLANNING COMMISSION MINUTES: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs that the Planning Commission minutes of March 27, 1974 be noted and read. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. ANNUAL FINANCIAL REPORT FOR 1973: Kay Klingelhutz, City Treasurer, went over and explained the Annual Financial Report for 1973. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the Annual Financial Report for 1973 as submitted by the City Treasurer. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. ZONING ORDINANCE #47, SECTION 14.05, SUBSECTION 4(e): A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to approve the change as per recommendations of the Planning Commission to Ordinance #47, Section 14.05, Subsection 4(e) to read "The Village Council may 1) approve the preliminary development plan and zoning subject to specified modifications and conditions or 2) disapprove the preliminary CHANHASSEN CITY COUNCIL MINUTES - April 1, 1974 -2- ZONING ORDINANCE #47, SECTION 14.05 SUBSECTION 4(e): (Con't) development plan and zoning stating reasons for the disapproval. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. SPECIAL ASSESSMENTS; CASE OF WILLIAM EWE AND DEAN SOLUM: Mr. Ewe and Mr. Solum were present to explain the problems that occured regarding the special assessments. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to allow Mr. William Ewe and Mr. Dean Solum to pay their special assessment in full without interest. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Hobbs, Kurvers-and Neveaux. No negative votes. Motion carried. BOY SCOUTS: A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to allow the Boy Scouts to hold a camporee from May 17, 1974 at 3:00 p.m. to May 19, 1974 at 4:00 p.m. on the Ches Mar Farms. The following voted in favor thereof: Mayor KlingelhLtz, Councilmen Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. The City requests a letter be put in the file from Mr. Nagaele approving this camporee. NORDSKOV PUD: Mr. Penburthy was not present but he agreed with the thrust of the proposed agreement. A discussion was held in regards to the proposed agreement. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to direct the Mayor to sign the agreement between NORDSKOV and the City of Chanhassen which would allow NORDSKOV Land Development Corp. to proceed with the Planning of their property as stated in the contents of this agreement. The following voted in favor thereof: Councilman Neveaux. Mayor Klingelhutz, Councilmen Hobbs and Kurvers voted no. Motion defeated. The Council stated the following reason for voting no, "To refuse NORDSKOV request that they be relieved from the provisions of Resolution #911721 and be permitted to proceed beyond sketch plan stages. INDUSTRIAL PARK IMPROVEMENT PROJECT 72 -2: This is a case of Penalty Clause for Improvement regarding Widmer Bros. Contract. Frank Laska, City Engineer, stated many extra engineering checks had to be made because of the delays. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to allow the City Attorney to work out a reasonable compremise with Widmer Bros. The following voted in favor thereof: MayQX Klingelhutz, Councilmen Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. 1 ADOPTION OF 1973 EDITION OF THE UNIFORM STATE BUILDING CODE: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs for the City Administrator and City Attorney to draft an ordinance for the adoption of the 1973 Edition of the Uniform State Building Code. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. CHANHASSEN CITY COUNCIL MINUTES - April 1, 1974 -3- BURNING PERMIT REQUEST FOR MR. JOE JOHNSON: A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to grant a burning permit to Mr. Johnson to burn apple tree trimmings. VALLEY AUTO PARTS CASE: A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to authorize the City Attorney to prepare a resolution executing the stipulation for summons on the Valley Auto Parts Case. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to adjourn the meeting. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. TIME: 10:50 p.m. i CI-r K' -AD I T TRAT R Sharon Loechler Secretary 1 V,