1977 01 03
I
:,
I
REGULAR CHANHASSEN CITY COUNCIL MEETING JANUARY 3, 1977
OATH OF OFFICE: The City Attorney administered the oath of office to
the newly elected Councilmen Dale Geving and Dick Pearson and newly
elected Mayor Walt Hobbs.
Mayor Hobbs called the meeting to order at 7:45 p.m. with the following
members present: CouncilmenWaritz, Pearson, and Geving. Councilman
Neveaux was absent. The meeting was opened with the Pledge to the Flag.
APPROVAL OF AGENDA: A motion was made by Councilman Waritz and seconded
by Councilman Pearson to approve the agenda with the addition of work
session under Council Presentations. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes.
Motion carried.
MINUTES: Amend VOTING PRECINCT BOUNDARIES on page 2 of the December 13,
1976, to read: Councilman Kurvers moved the adoption of re~olution #76-94A
to approve the division of Precinct 1 along the Minnetonka/Chaska School
District boundary line east of County Road 117 (Galpin Blvd.) The
polling place for both precincts will be Chanhassen Elementary School.
The newly created precinct (Minnetonka School District) will be Precinct
#4. Resolution seconded by Councilman Waritz. The following voted in
favor: Mayor Klingelhutz, Councilmen Waritz and Kurvers. No negative
votes. Motion carried.
A motion was made by Councilman Pearson and seconded by Councilman Geving
to approve the December 13, 1976, Council minutes as amended. The
following voted in favor: Mayor Hobbs, Councilmen Pearson, Waritz, and
Geving. No negative votes. Motion carried.
A motion was made by Councilman Pearson and seconded by Councilman Waritz
to approve the December 20, 1976, Council minutes. The following voted
in favor: Mayor Hobbs, Councilmen Waritz, Pearson, and Geving. No
negative votes. Motion carried.
A motion was made by Councilman Geving and seconded by Councilman Pearson
to approve the December 27, 1976, Council minutes. The followLng voted in
favor: Mayor Hobbs, Councilmen Pearson, Waritz, and Geving. No
negative votes. Motion carried.
A motion was made by Councilman Pearson and seconded by Councilman Waritz
to note the December 9, 1976, Ecological Committee minutes. The
following voted in favor: Mayor Hobbs, Councilmen Pearson, Waritz, and
Geving. No negative votes. Motion carried.
PARKING LOT IMPROVEMENTS PAULY/KOLTYK: Harry Pauly was present. The
City Manager recommended the Council hold a public hearing February 7,
1977, to make a decision on whether the parking lot improvement project
be public or private.
RESOLUTION #77-01: Councilman Waritz moved the adoption of a resolution
calling for a public hearing on proposed municipal parking lot project
75-9 for February 7, 1977, at 7:30 p.m. Resolution seconded by
Councilman Pearson. The following voted in favor: Mayor Hobbs,
Councilmen Waritz, Pearson, and Geving. No negative votes. Motion
carried.
It was suggested that an appraisal be done on the city owned property.
City Council Meeting January 3, 1977
-2-
ZONING ORDINANCE AMENDMENT - CHURCHES IN R-IA DISTRICT: The City
Attorney recommended the following changes in the second paragraph
of the proposed ordinance under definition of Church: Camp meeting I
grounds, mikvahs, coffee houses, recreational complexes, retreat
houses, sleeping quarters for retreatants during spiritual retreats
extending for periods of more than one day, Bible camps with live-in
quarters, ritual slaughter houses, radio and television towers and
transmission facilities, radio and television studios, recording
studios, cemeteries, theological seminaries, day care centers,
hospitals, and drug treatment centers are not churches.
A motion was made by Councilman Pearson and seconded by Councilman
Waritz to approve Ordinance 47-E. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Waritz, and Geving. No negative
votes. Motion carried.
COMMUNITY FACILITIES INTERIM STUDY COMMITTEE: A motion was made by
Councilman Pearson and seconded by Councilman Geving to appoint Kay
Faust and Paul O'Dell to the Community Facilities Interim Study
Committee. The following voted in favor: Mayor Hobbs, Councilmen
Pearson, Waritz, and Geving. No negative votes. Motion carried.
ASSESSMENT CHANGE 6785 CARVER BEACH ROAD: Glenn Mattson was present
requesting the Council delète assessments totaling $3,583. Staff
recommended approval of the request conditioned upon:
1. No change in assessments would be applicable for assessment year
1976, collection year 1977.
2. Such change in assessments would be filed by the City in 1977 I
for collection in 1978 by dividing the remaining adjusted principal
amount by years remaining and calculating interest on such.
3. Such change would not be filed until the existing structures
(as proposed by the applicant) are removed.
4. The assessment as originally placed remain on the property as
a deferred assessment should development ever be considered.
5. The owner and applicant agree to the above conditions in writing.
RESOLUTION #77-02: Councilman Waritz moved the adoption of a
resolution to combine the Glenn Mattson and M. R. Rogers assessment
pursuant to the City Manager's letter of December 20, 1976, outlining
the five conditions as noted. Resolution seconded by Councilman
Pearson. The following voted in favor: Mayor Hobbs, Councilmen
Pearson, Waritz, and Geving. No negative votes. Motion carried.
1977 POLICE SERVICE CONTRACT:
RESOLUTION #77-03: Councilman Geving moved the adoption of a resolution
amending the 1977 Police Contract by deleting the entire fourth
paragraph in Section 1 and all of Section 8 and instruct the City
Manager to contact the County. The City Manager will prepare a cover
letter to the county which will include the portions of the contract
that have been deleted. Resolution seconded by Councilman Waritz.
The following voted in favor: Mayor Hobbs, Councilmen Pearson, Waritz,
and Geving. No negative votes. Motion carried. III
UNIFOID1 FIRE CODE - FIRST READING: The City Manager recommended
the ordinance adopting the uniform fire code be placed on first
reading. The Council questioned the prohibition of above ground
tanks in R-lA districts as setforth in Section 4.01 and also does
Section 5.01 prohibit propane tanks used in heating homes.
I
I
I
City Council Meeting January 3, 1977
-3-
A motion was made by Councilman Waritz and seconded by Councilman Pearson
to place the Uniform Fire Code Ordinance on first reading. The
following voted in favor: Mayor Hobbs, Councilmen Pearson, Waritz, and
Geving. No negative votes. Motion carried.
RESIGNATION - HRA: A motion was made by Councilman Pearson and seconded
by Councilman Geving to accept the resignation of Harry Funk from the
HRA. The City Manager will send Mr. Funk a Certificate of Appreciation.
The following voted in favor: Mayor Hobbs, Councilmen Pearson, Waritz,
and Geving. No negative votes. Motion carried.
BOARD OF ADJUSTMENTS AND APPEALS: Appointments will be made at the
next Council meeting. The Planning Commission should recommend an
alternate member to the Board.
CARVER BEACH REZONING AND AMENDMENTÆOORDINANCE # 47: Gail Stone and
Phyllis Pope were present objecting to the rezoning of a portion of Carver
Beach to proposed R-IB.
A motion was made by Councilman Geving and seconded by Councilman Waritz
to put the amendment to Ordinance 47 creating an R-IB Zoning District
on first reading. The following voted in favor: Mayor Hobbs, Councilmen
Pearson, Waritz, and Geving. No negative votes~ Motion carried.
OFFICIAL NEWSPAPER:
by Councilman Geving
city newspaper. The
Pearson, Waritz, and
A motion was made by Councilman Pearson and seconded
to designate the Carver County Herald as the official
following voted in favor: Mayor Hobbs, Councilmen
Geving. No negative votes. Motion càrried.
OFFICIAL DEPOSITORY: A motion was made by Councilman Geving and seconded
by Councilman Waritz to designate the State Bank of Charhassen as the
official depository of the city and authorize the Mayor, ';I:'reasurer,·.and.
Manager as authorized signatures for all city checks and the following
persons be authorized to enter the safety deposit box: Mayor or
Treasurer or Manager. The Mayor's and Manager's facsimile signature
be used on all city checks. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Waritz, and Geving. No negative votes. Motion
carried.
CITY ATTORNEY: A motion was made by Councilman Pearson and seconded by
Councilman Waritz to appoint Russell Larson and Craig Mertz as City
Attorney and Assistant City Attorney, respectively. The following voted
in favor: Mayor Hobbs, Councilmen Pearson, Waritz, and Geving. No
negative votes. Motion carried.
ACTING MAYOR: A motion was made by Councilman Pearson and seconded by
Councilman Waritz that Councilman Neveaux be appointed Acting Mayor to
serve in the absence of the elected Mayor. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Waritz, and Geving. No negative votes.
Motion carried.
CONSULTING ENGINEER: A motion was made by Councilman Waritz and seconded
by Councilman Pearson that the firm of Schoell and Madson, Inc. be
designated as the Consulting Engineer for the City of Chanhassen. The
following voted in favor: Mayor Hobbs, Councilmen Pearson, Waritz, and
Geving. No negative votes. Motion carried.
City Council Meeting January 3, 1976
-4-
FIRE CHIEF: A motion was made by Councilman Pearson and seconded by
Councilman Geving to confirm the recommendation of the volunteer I
firemen that Jack Kreger be appointed Fire Chief. The following
voted in favor: Mayor Hobbs, Councilmen Pearson, Waritz, and Geving.
No negative votes. Motion carried.
HEALTH OFFICER: A motion was made by Councilman Pearson and seconded
by Councilman Waritz that Dr. Richard Olson be appointed Health
Officer for the City. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Waritz, and Geving. No negative votes. Motion
carried.
CARVER BEACH PROJECT 75-2, BOWEN EASEMENT CONDEMNATION: A condemnation
hearing was held and the condemnation commissioners made an award of
$7,550.00 to the property owners. The City Attorney's office asked
that the city accept the findings of the commissioners and take no
appeal.
A motion was made by Councilman Pearson and seconded by Councilman
Waritz to accept the award for the Bowen easement in the Carver Beach
Project 75-2 in the amount of $7,550.00. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Waritz, and Geving. No negative
votes. Motion carried.
ERIE, CHAN VIEW, AND WEST 77TH STREET IMPROVEMENT PROJECT 75-11 FINAL
PLANS AND SPECIFICATIONS: Fred Coulter was present. City Staff
recommended the plans and specifications be accepted and direct the
City Engineer to let bids. . Bill Brezinsky explained the project.
I
RESOLUTION #77-04: Councilman Geving moved the adoption of a
resolution approving final plans and specifications on the Erie, Chan
View, and West 77th Street Improvement Project 75-11 and instruct the
Engineer to proceed to let bids for this project. Resolution
seconded by Councilman Waritz. The following voted in favor: Mayor
Hobbs, Councilmen Pearson, Waritz, and Geving. No negative votes.
Motion carried.
RESOLUTION #77-05: Councilman Pearson moved the adoption of a
resolution authorizing the City Attorney to begin easement acquisition
upon Council approval of the plans and specifications. Resolution
seconded by Councilman Waritz. The following voted in favor: Mayor
Hobbs, Councilmen Pearson, Waritz, and Geving. No negative votes.
Motion carried.
EAST LOTUS LAKE SEWER CONNECTION:
RESOLUTION #77-06: Councilman Pearson moved the adoption of a
resolution authorizing the City Attorney to negotiate up to $61,000
over a 15 year period at 6% interest with 10% down. Resolution
seconded by Councilman Waritz. The following voted in favor: Mayor
Hobbs, Councilmen Pearson, Waritz, and Geving. No negative votes.
Motion carried.
WORK SESSION: Mayor Hobbs called a work session after the public
hearing Monday, January 10, 1977.
I
A motion was made by Councilman Pearson
Geving to adjourn. The following voted
Councilmen Pearson, Waritz, and Geving.
adjourned at 11:30 p.m.
and seconded by Councilman
in favor: Mayor Hobbs,
No negative votes. Meeting
Don Ash%~th, City M~n~~er