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1974 05 06CHANHASSEN CITY COUNCIL MINUTES - May 6, 1974 -1- The regular Chanhassen City Council meeting was called to order at 8:00. p.m. on May 6, 1974 by Mayor Klingelhutz and was opened with the Pledge to the Flag. The following members were present: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurverscmd Neveaux. MINUTES: A motion was made by Councilman Neveaux and seconded by Councilman Bennyhoff to approve the regular Council minutes of April 15, 1974 after the following correction: On page 3 under "Liquor License for Kenny's Market ", it should read "Off Sale Non - Intoxicating Liquor License." The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. PARK AND RECREATION MINUTES: A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux that the Park and Recreation minutes of April 16, 1974 be noted and read. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. PLANNING COMMISSION MINUTES: A motion was made by Councilman Neveaux and seconded by Councilman Kurvers that the Planning Commission minutes of April 24, 1974 be noted and read. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion Carried. A motion was made by Councilman Kurvers and seconded by Councilman Neveaux that the Public Hearing minutes of April 24, 1974 on the Preliminary Development Plan and Rezoning from Rl to Pl on Minnewashta Woods be noted and read. The following voted "in favor thereof: mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. SUNRISE HILLS ASSOCIATION: The following persons were present in regards to the assessment of the Sunrise Hills Association's beach lot: Gary D. Boyle, - R.K. Paxton, John Cousins, Jan Wingren, Billie Hager, Darlene Huseth, Thomas Kotsonas, Jim Morrison, Pam. Ken Erickson, Dick Pearson, Mary Schuminski, Ed Bushart, Bob Scholtz, Jim Chapman, Jack Spalding, John Peters. Mr. Paxton, President of the Sunrise Hills Association gave a presentation requesting the assessment be deferred until a building permit is taken out and the money already paid toward the assessment be refunded. Councilman Hobbs felt the Council should set up'a policy in addition to judging each lot on it's own merit. Mayor Klingelhutz felt he could not to along with refunding the money which had already been paid in. Discussion followed. A motion was made by Councilman Neveaux and seconded by Councilman Benny- hoff that the Sunrise Hills Association Beach lot assessment be deferred until such time as a building permit is taken out for and the priciple paid in by the association be refunded no later than December 31, 1974. The money refunded to be used only for a permanent improvement on the lot. CHANHASSEN CITY COUNCIL MINUTES - May 6, 1974 -2 -- SUNRISE HILLS BEACH LOT, CON'T: Councilman Hobbs felt before the Council vote on this item a basic policy should be set up. He also felt he could not vote on refunding the money until it was studied further. Councilman Kurvers felt the Council should look at the Bond Issue to find out the facts on the financial aspect. Councilman Bennyhoff felt in view of the comments made, he withdrew the second to the motion. The motion dies for lack of a second. A motion was made by Councilman Kurvers and seconded by Councilman Hobbs for this item to be tabled until May 20, 1974 when more information is available on the status of the Bond Issue. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. WESTERN HILLS 2ND ADDITION: A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to approve the Final Plat of Western Hills 2nd Addition subject to the delivery of the deed for the Outlot B to the City. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative- ,otes. Motion carried. MOTOR VEHICLE ACCIDENTS AT THE INTERSECTIONS OF HIGHWAY 5 AND HIGHWAY 101 AND HIGHWAY 5 and DAKOTA AVE: Sgt. Al Wallin was present to report on the number of accidents occuring at those Intersections. He will check the records further for a more accurate record of accidents and present them at the June 17, 1974 Council meeting. CONDITIONAL USE PERMIT; CASE OF TWIN HILLS RIDING STABLES: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to table action on this item until after the Planning Commission have conducted the public hearing. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. ISSUANCE OF A NON - INTOXICATING ON SAL BEER LICENSE FOR BLUFF CREEK GOLF: A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to approve a Non - Intoxicating On Sale Beer License for Bluff Creek Golf Club. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. RENEWAL OF KENNEL PERMI A FOR R. C. SHULSTAD, RONALD METCALF AND JOHN MALAKOWSKY: A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to approve the renewal of kennel permit applications for R.C. Shulstad, Ronald Metcalf and John Malakowsky. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. S.M. OSGOOD KENNEL PERMIT APPLICATION: A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to approve the Kennel Permit application for S.M. Osgood. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers votes. Motion carried. and Neveaux. No negative f] CHANHASSEN CITY COUNCIL MINUTES - May 6, 1974 -3- A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to move to item 9.on the agenda. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. MEMORANDUM,OF.AGREEMENT BETWEEN INDEPENDENT SCHOOL DIST. 112 AND THE CITY OF.CHANHASSEN: A motion was made by Councilman Kurvers and seconded by Councilman -Hobbs to execute the Memorandum of Agreement between ISD 112 and-the City of Chanhassen. The following voted in favor thereof: Mayor Klingelhutz , Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative-votes. Motion carried. CONFIRMATION OF JACK KREGER AS CITY FIRE CHIEF: A motion was made by Councilman Hobbs and seconded by Councilman Bennyhoff to confirm the appointment of Jack Kreger as the City Fire Chief. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Bennyhoff for the City Administrator to send a letter commending Jerry Schlenk for all his good service as the City Fire Chief. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers, and Neveaux. No negative votes. Motion carried. ANNA MARIA STUECK, SPLITTING OF ASSESSMENT: A motion was made by Councilman Bennyhoff and seconded by Councilman Kurvers to split the. $8,738.00 assessment to $4369.00 on Lot 2 Block 1 Terera Acres on each piece of property. The following voted in favor thereof: Mayor Klingel- hutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. The Council had previously approved the splitting of this property. BURNING PERMIT: A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to approve the Burning Permits for the Arboretum and Dean Degler. The following voted in favor thereof: Mayor Klingelhutz, Councilmen,Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. PUBLIC SERVICE COMMISSION PUBLIC HEARING: A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to approve the division of costs of 1482.50 in regards to the Railroad Crossing on County Road 15. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to table any action on the proposed Railroad grade crossing in Frontier Development Park until such time that there is more development in this area. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. LETTER OF APPRECIATION FROM THE CHAMBER: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to note the letter form the Chamber of Commerce thanking the Council for it's action on the removal of the grain elevator. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. CHANHASSEN CITY COUNCIL MINUTES - May 6, 1974 -4- PURCHASE OF WATER FOR VICTORIA: Virginia Harris, Clerk - Administrator of the Village of Victoria was present to discuss the possibility of Victoria purchasing water from Chanhassen. A motion was made by Councilman Kurvers and seconded by Councilman Bennyhoff to authorize the City staff to discuss alternate proposals for the pur- chasing of city water from Chanhassen with the Village of Victoria. THe following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. STRONG- TOWLE, INC:ASSESSMENT FOR FRONTIER PARK: Mr. Towle would like to receive an answer regarding the financing of the Improvements in Frontier Park.. The City Administrator will negotiate with Mr. Towle in regards to the assessment on the Frontier Park. RESOLUTION FOR FILING AN ADVERSE CLAIM AGAINST RONALD MOLDY: A motion was made by Councilman Hobbs and seconded by Councilman Bennyhoff to approve actions of the City Attorney on an adverse claim against Ronald Moloy. Resolution #11 -74. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. PROPOSED STREET LIGHTINGFOLICY STUDY FOR CHANHASSEN: A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to appoint John Neveaux to the Street Lighting Committee. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried.. EDEN PRAIRIE - SEWER DISCUSSION: The Council stated that they would be interested in looking at the cost figures. T.E. GALLAGHER: The City Attorney passed out the proposal of T.E. Gallagher and asked that each Council member give consideration on it. MINNESOTA GOOD ROADS, INC: A motion was made by Councilman Neveauxand seconded by Councilman Kurvers to approve payment of $25.00 to Minnesota Good Roads, Inc. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. PROCLAMATION OF PUBLIC WORKS WEEK: The following proclamation was introduced by the Mayor regarding Nat -tonal Public Works Week: WHEREAS, public works services provided in our community are an integral part of our citizen's everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the planning and construction of public works programs and systems such as water, sewer, streets, highways and other types of facilities; and WHEREAS, the health, sanitation, safety and general well -being of this community depends, to a great degree, on these services and facilities; and WHEREAS, the quality, efficiency, and effectiveness of these facilities, as well as the planning, design and construction of future facilities, is vitally dependent upon our public works engineers, administrators, and technicians; and CHANHF�SSEN CITY COUNCIL MINUTES - May 6, 1974 - PROCLAMATION, CONT: WHEREAS, retaining and attracting qualified and dedicated personnel to staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work performed by such employees; no therefore, BE IT RESOLVED, that I, Al Klingelhutz, Mayor of the City of Chanhassen, do hereby proclaim May 20 - 26, 1974, as NATIONAL PUBLIC WORKS WEEK and call upon all citizens and civic organizations to acquaint themselves with the problems involved in providing public works facilities and services; and recognize the important role in our safety, health and well- being that is played by the public works officials in our community. A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to approve the above proclamation regarding National Public Works Week. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux to adjourn the meeting. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. TIME: 11:30 p.m. Sh Se C'ler Administr for aron Loechler cretary