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1976 01 05 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING JANUARY 5, 1976 Acting Mayor Kurvers called the meeting to order at 7:30 p.m. with the following members present: Councilmen Neveaux, Hobbs, and Shulstad. Mayor Klingelhutz came late. The meeting was opened with the Pledge to the Flag. MINUTES: A motion was made by Councilman Shulstad and seconded by Councilman Neveaux to approve the Regular Council Minutes of December 15, 1975. The following voted in favor: Acting Mayor Kurvers, Councilmen Neveaux and Shulstad. Councilman Hobbs abstained. Motion carried. Amend the second paragraph, second sentence on page 2 of the December 23, 1975, Council minutes to read: Mr. Verlo has agreed to a deferred assessment. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to approve the Special Council Minutes of December 23, 1975, as amended. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to note the Planning Commission Public Hearing Minutes of December 10, 1975. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to note the Regular Planning Commission Minutes of December 10, 1975. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. LOREN LAW: A motion was made by Councilman Hobbs and seconded by Councilman Shulstad to engage the services of Loren Law to assist the City in the recruitment of an Administrator for which Mr. Law is to receive as compensation for his services in the event that an Administrator is secured through his efforts, 25% of the first annual salary of the Administrator plus expenses incurred by Mr. Law in said recruitment. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. PROJECT 75-5: RESOLUTION #76-01: Councilman Neveaux moved the adoption of a resolution to assess three water units on the Vernon Peterson property in the Sch~id's Acres Watermain Project 75-5 on a deferred basis with an interest rate of 5% per annum. Said assessment to be deferred until the property is developed or sold, whichever is first to occur. Resolution seconded by Councilman Hobbs. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. RESOLUTION #76-02: Councilman Hobbs moved the adoption of a resolution to assess three water units on the Howard Verlo property in the Schmid's Acres Watermain Project 75-5 on a deferred basis with an interest rate of 8% per annum. Said assessment to be deferred until the property is developed or sold, whichever is first to occur. Resolution seconded by Councilman Shulstad. The following voted in favor: Acting Mayor Regular Council Meeting January 5, 1976 -2- Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. ACTING MAYOR: A motion was made by Councilman Hobbs and seconded by Councilman Neveaux that Councilman Kurvers be appointed Acting Mayor to serve in the absence of the elected mayor. The following voted in favor: Councilmen Hobbs, Neveaux, and Shulstad. Acting Mayor Kurvers abstained. Motion carried. RULES OF ORDER: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs that the City adopt the procedures set forth in the Handbook for Minnesota Cities and use the revised edition of Robert Rules of Order to supplement. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. OFFICIAL NEWSPAPER: A motion was made by Councilman Shulstad and seconded by Councilman Hobbs that the Carver County Herald be the City's official newspaper. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. I OFFICIAL BANK: A motion was made by Councilman Hobbs and seconded by Councilman Neveaux that the State Bank of Chanhassen be designated as the official depository for all City monies. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. The City Attorney asked if any of the Council has an interest such as officer, shareholder, or director in the State Bank of Chanhassen. All replied no. MEETING NIGHTS: A motion was made by Councilman Neveaux and seconded by Councilman Shulstad that the regular City Council meeting nights be the first aDd third Monday of every month at 7:30 p.m. during the winter season and 8:00p.m. during the summer season running from April 1 to September 30. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. AGENDA SYSTEM: A motion was made by Councilman Hobbs and seconded by Councilman Neveaux that all meetings be conducted on the agenda system and said agenda to be closed on Tuesday at 10:00 a.m., prior to the next meeting. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. CITY ATTORNEY: A motion was made by Councilman Shulstad and seconded by Councilman Hobbs that Russell H. Larson be appointed the City Attorney at a fee rate to be charged on an hourly basis. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. ASSISTANT CITY ATTORNEY: A motion was made by Councilman Shulstad and seconded by Councilman Hobbs that Craig Mertz be appointed Assistant City Attorney to work under the City Attorney's direct supervision. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. I I I I I Regular City Council Meeting January 5, 1976 -3~ ~FINANCIAL CONSULTANT: A motion was made by Councilman Neveaux and seconded by Councilman Shulstad that Ehlers and Associates be appointed as Financial Consultants. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. L AUTOMATIC BILLS: A motion was made by Councilman Hobbs and seconded by Councilman Sh"ulstad that all utility bills, salaries and wages be paid automatically. Salaries and wages shall be paid bi-monthly. Overtime shall be paid on the next pay period after submitted. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. COUNCIL SALARIES: A motion was made by Councilman Shulstad and seconded by Councilman Hobbs that the City Council salaries be set according to Ordinance #52 as follows: Mayor - $100.00 per month, Councilman - $75.00 per month and shall be paid monthly. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. ~'PURCHASING: A motion was made by Councilman Neveaux and seconded by Councilman Shulstad that purchasing may be made in accordance to Resolution #36721 entitled Resolution Creating the position of Clerk- Administrator. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. ~ CHECK SIGNATURES: A motion was made by Councilman Neveaux and seconded by Councilman Shulstad that the authorized signatures on all City Checks shall be the Mayor, Treasurer, and Clerk-Administrator. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. A motion was made by Councilman Shulstad and seconded by Councilman Hobbs that the Mayor's and Clerk-Administrator's facsimile signatures be used on all checks. The following voted in favor:" Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. ~ BONDS: A motion was made by Councilman Shulstad and Councilman Hobbs that the following be bonded for: Treasurer - Deputy Clerk $ 10,000.00 Clerk-Administrator 5,000.00 All other by Blanket Bond including Councilmen The following voted in favor: Acting Mayor Neveaux, and Shulstad. No negative votes. seconded by 1,000.00 Kurvers, Councilmen Hobbs, Motion carried. ~. FINANCIAL AUDIT: The Administrator will get competitive quotes from local CPA firms. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to table action until the first meeting in February. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. '~SAFETY DEPOSIT BOX: A motion was made by Councilman Shulstad and seconded by Councilman Neveaux that anyone of the following persons be Regular Council Meeting January 5, 1976 -4- authorized to enter the City safety deposit box maintained in the State Bank of Chanhassen: 1. Mayor 2. Clerk-Administrator 3. Treasurer The following voted in favor: Hobbs, Neveaux, and Shulstad. Acting Mayor Kurvers, Councilmen No negative votes. Motion carried. I WEED INSPECTOR: Mayor Klingelhutz, who is the automatic Weed Inspector for the City, does so appoint Henry Wrase as Deputy Inspector. WARMING HOUSE ATTENDENT: A motion was made by Councilman Hobbs and seconded Neveaux that warming house attendents be hired at $2.50 per hour and Jack Ernst be paid $3.00 an hour for general park and recreation services. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. SECRETARIAL HELP: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs that Jean Meuwissen be hired for secretarial duties for the City at a rate of $3.00 per hour all other part time secretarial help be hired at $2.50 per hour. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. CIVIL DEFENSE DIRECTOR: A motion was made by Councilman Kurvers and seconded by Councilman Neveaux that Jerry Schlenk be appointed Civil I Defense Director for the City at a salary of $50.00 per month. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. FIRE MARSHAL: A motion was made by Councilman Shulstad and seconded by Councilman Kurvers that Mark Littfin be appointed Fire Marshal at a salary of $50.00 per month. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. DEPUTY CLERK: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to table appointing a Deputy Clerk. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. HEALTH OFFICER: A motion was made by Councilman Shulstad and seconded by Councilman Hobbs that Dr. Richard Olson be appointed Health Officer and that Councilmen Neveaux and Kurvers be appointed members of the City Board of Health for 1976. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. CITY CONSULTANT ENGINEERS: A motion was made by Councilman Kurvers / and seconded by Councilman Neveaux that Schoell and Madson, Inc. be appointed the City Consultant Engineers. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. I I I I Regular City Council Meeting January 5, 1976 ~5- ~ ZONING ADMINISTRATOR: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs that Bruce Pankonin be appointed City Zoning Administrator. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. HOUSING AND REDEVELOPMENT AUTHORITY: A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to table action until the first meeting in February. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. HUMAN RIGHTS COMMISSION: A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to table action until a meeting in February. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. INDUSTRIAL COMMISSION: The City Planner will prepare a written analysis of the Industrial Commission Ordinance and recommend kinds of people the Council should be looking for. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to table action until the first meeting in February. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux,' Shulstad, and Kurvers. No negative votes. Motion carried. PLANNING COMMISSION: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to reappoint Nick Waritz to the Planning Commission for a three year term. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. FIRE CHIEF: A motion was made by Councilman Kurvers and seconded by Councilman Hobbs that Jack Kreger be appointed Fire Chief. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,. Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. ~ OFFICIAL BANK: The City Attorney asked Mayor Klingelhutz if he has any interest as a shareholder, officer or director of the State Bank of Chanhassen. Mayor Klingelhutz replied no. RESOLUTION #76-03: Councilman Hobbs moved the adoption of a resolution commending Vivian Beaugrand for her service on both the Park and Recreation Commission and Planning Commission. Resolution seconded by Councilman Kurvers. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. The Acting Administrator will prepare certificates for all persons that have resigned from City commissions during 1975. AMENDMENT TO SECTION 11.04, ORDINANCE 47: The City Planner explained the proposed amendment to allow open sales in a C-3 District when conducted with a permitted or conditional use as a conditional use. The Planning Commission held a public hearing and recommended the change. The City Planner recommended that the wording for this amendment be turned over to the City Attorney. J Regular City Council Meeting January 5, 1976 -6,.. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to accept the recommendation of the Planning Commission of December 10, 1975, in regard to the amendment to Section 11.04 of I Ordinance 47 to add item 6 under Conditional Uses "open sales when conducted in conjunction with permitted or other conditional uses" and to amend Section 11.07, Ordinance 47, item 5 by deleting the first sentence of subsection (a) in its entirety beginning with the word "merchandise" and ending with the word "structure" and direct the City Attorney and the City Planner to draft the proper wording and review it as to legal correctness. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Mayor Klingelhutz asked that the Planning Commission review Ordinance 47 in its entirety to see if there are any other places where the ordinance needs amending to accommodate additional uses in Chanhassen. The City Planner stated that the Planning Commission is presently studying this issue and the comprehensive plan update. ~~~1CBD PARKING LOT: Harry Pauly and Bernard Schneider were present. I~ Bill Brezinsky explained the feasibility study. The plan includes 1¿~ôJt a parking lot to adequately serve the existing businesses south of West 78th Street also future businesses in the area. The plan shows 101 parking spaces. Presently there are 58 parking spaces. Very little grading will be needed for the parking lot. It will be constructed to 7 ton standards with concrete curb and gutter around the perimeter. The lot will be landscaped. Only one of the existing trees will be saved. Approximately eight elm trees will be removed. The walkways I are proposed to be ornamental bomonite concrete. Members of the CBD Committee have copies of the report but have not met to discuss it. Bernie Schneider - The CBD has had no feed back since the feasibility study was put up. I don't know what the reaction of the property owners is going to be. The CBD has been working with the engineers on the plan. The CBD has been in favor of it all along and they are looking forward to it. Just to clarify the position of the CBD we have had three separate votes and the votes have been against the renovation of the city hall and the building of the park. There has been no fourth vote changing this particular vote. The CBD realized they were outvoted by either the Planning Commission or whoever the bodies in charge were and said let's not fight it. If this came for a vote tomorrow the CBD would again vote it down. The CBD is not in favor of the renovation of the village hall and the construction of a park. We are not going to oppose it. We believe that a city park in back of the business district is not compatible. It is going to create I problems for everybody. If you want to renovate and keep the city hall, move it out to the city park. - I I I Regular City Council Meeting January 5, 1976 -7- A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to set the date for a public hearing for consideration of the CBD parking lot at West 78th Street and Great Plains Blvd. at 7:30 p.m. on February 2, 1976. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. The City Planner thanked the CBD for their cooperation and imput into this project. PLANNING COMMISSION 1975 ANNUAL REPORT: Hud Hollenback was present. The City Planner discussed the report. The Council commended the Planning Commission for the excellent job they did in the past year and hopes they continue the good work. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to accept with greatful thanks the 1975 Annual Report from the Chanhassen Planning Commission. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Councilman Shulstad suggested a condensed version of this report be included in the next issue of the City Newsletter. PLANNING COMMISSION APPOINTMENTS: The Planning Commission received applications from Les Bridger, Robert Crouch, Roman Roos, and Walter Thompson. Since the Planning Commission recommendation of December 10, 1975, an application was received from H. Ronald Berg. The Planning Commission recommended Walter Thompson be appointed to fill Jim Mielke's three year term and Les Bridger be appointed to fill Vivian Beaugrand's term expiring December 31, 1977. A motion was made by Councilman Shulstad and seconded by Councilman Neveaux that the Council appoint to the Planning Commission those persons recommended by the Planning Commission on December 10, 1975, to wit; Waltel Thompson to fill the unexpired term of Jim Mielke and Les Bridger to fill the unexpired term of Vivian Beaugrand. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Mr. Berg's resume will be forwarded to the Park and Recreation Commission for their consideration. METROPOLITAN COUNCIL CAPITAL IMPROVEMENTS PROGRAM: Dick Dutcher was present. The City has received a Five Year Capital Improvements Program for Regional Recreational Open Space as proposed by the Metropolitan Council for public hearing on January 21, 1976. The City Planner has made a reservation for representatives of the City to speak on the proposal at this public hearing. The City Planner feels that the parcel south of the West Junior High relates better to the junior high and does not relate as well to the proposed park land west of Highway 41 but should be viewed in a regional context as an integral part of a regional trail system which will also be a significant utility corridor. Regular City Council Meeting January 5, 1976 -8~ Hud Hollenback - One of the stipulations in the Planning Commission recommendation was that this parcel had to be part of the package or the City would not be interested. Mayor Klingelhutz - As far as I am concerned if that piece of land on the east side of Highway 41 is not included in the project I am against the whole project. We should let Carver County know that this is our position that they will come up with a strong argument to keep it in. I The City Planner will meet with Carver County before the public hearing to let them know the Council's feelings on the proposal and drafL a statement of the City's intention and the County's intention to submit to the City Council on January 19 for approval for submission at the public hearing on January 21. PROJECT 75-2 EASEMENT PAYMENTS: A motion ~as made by Councilman Neveaux and seconded by Councilman Kurvers to authorize the City Treasurer to issue checks for eas&ment payments upon written request of the City Attorney. All of said payments to be within authorizations of the confidential guideline letter from the City Attorney to the City Council on September 30, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. RESOLUTION #76-04: Councilman Kurvers moved the adoption of a I resolution authorizing the Treasurer to use 71-1 bond funds for the Carver Beach Sewer and Water Project 75-2. All said borrowings to be repaid upon sale of the Carver Beach Bonds with interest at 8%. Resolution seconded by Councilman Hobbs. The following voted in favor: Mayor Kliügelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. DUCK LAKE INTERCEPTOR: The City Attorney reported that Mayor Klingelhutz, Councilman Neveaux, Bruce Pankonin, and himself met with the Metropolitan Council Staff, Sewer Board, and representatives of Eden prairie on DecembeL 30 to discuss the request to have the Duck Lake Trunk Sewer designated as an interceptor. The result of the meeting is in a letter dated January 2, 1976. Supplementary information has been requested. Mayor Klingelhutz and the City Attorney will meet with our service area representative at 12:30 at Frontier on Wednesday, January 7. DOG ORDINANCE AD HOC COMMITTEE: A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to appoint Richard Matthews, Marlene Roufs, Karen Swanson, Joe Kenyon, and Ric Anding to the committee. The Committee will have 60 days to prepare a recommendation to the Council. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. I I I I Regular City Council Meeting January 5, 1976 -9- PLAN B: A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to authorize Mayor Klingelhutz to formulate a study committee to study Plan B form of government. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to adjourn. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Meeting adjourned at 11:45 p.m. Jerry Schlenk Acting Clerk-Administrator