1976 02 16
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CONTINUATION OF PUBLIC HEARING
CENTRAL BUSINESS DISTRICI' PARKING LOT
FEBRUARY 16, 1976, AT 7:00 P.M.
Mayor Klingelhutz called the continuation of the public hearing to order with the
following members present: Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. The
following persons were present:
Harry Pauly
Mr. and Mrs. Willard Johnson
The Acting Administrator recommended the Council continue the public hearing to
another date.
A rrotion was rrB.de by Councilman Hobbs and seconded by Councilman Shulstad to
continue the public hearing to M3xch 1, 1976, at 7:00 p.m. The following voted
in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers.
No negative votes. M::>tion carried. Hearing continued at 7:05 p.m.
Jerry Schlenk
Acting Clerk-Administrator
SPECIAL ŒANHASSEN CITY COUNCIL MEETING FEBRUARY 16, 1976
Mayor Klingelhutz called the special meeting to order at 7:05 p.m. with the following
members present: Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. The meeting
was opened with the Pledge to the Flag.
A rrotion was rrade by Councilman Neveaux and seconded by Councilman Kurvers that due
to the great press of public business which needs attention forthwith that this
meeting is convened notwithstanding the fact that it is a holiday. The following
voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and
Kurvers. No negative votes. M::>tion carried.
MINUTES: A notion was made by Councilman Hobbs and seconded by Councilman Neveaux
to approve the Corrmuni ty Developnent Block Grant Public Hearing minutes of February
2, 1976. The following voted in favor: Þ-1a.yor Klingelhutz, Councilmen Hobbs,
Neveaux, Shulstad, and Kurvers. No negative votes. M::>tion carried.
A rrotion was made by Councilman Shulstad and seconded by Councilman Kurvers to note
the Central Business District Parking Lot Public Hearing minutes of February 2,
1976. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux,
Shulstad, and Kurvers. No negative votes. M::>tion carried.
A rrotion was made by Councilman Shulstad and seconded by Councilman Hobbs to approve
the February 2, 1976, Regular Council minutes. The following voted in favor:
Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative
votes. M::>tion carried.
A notion was made by Councilrran Kurvers and seconded by Councilman Neveaux to
approve the February 7, 1976, Special Council minutes. The following voted in
favor: Mayor Klingelhutz, Councilrœn Hobbs, Neveaux, Shulstad, and Kurvers. No
negative votes. M::>tion carried.
A notion was made by Councilrran Neveaux and seconded by Councilman Hobbs to approve
the Corrmunity Developrœnt Block Grant Public Hearing minutes of February 9, 1976.
The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux,
Shulstad, and Kurvers. No negative votes. M::>tion carried.
Special Council Meeting February 16, 1976
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A rrotion was made by Councilrran Shulstad and seconded by Councilman Hobbs to
note the January 28, 1976, Regular Planning Commission Minutes. The following
voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and
Kurvers. No negative votes. Ivbtion carried.
A notion was rrade by Councilman Kurvers and seconded by Councilrran Hobbs to
note the Park and Recreation Corrmission Minutes of February 3, 1976. The following
voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and
Kurvers. No negative votes. Ivbtion carried.
A rrotion was rrade by Councilman Shulstad and seconded by Councilman Kurvers to
note the D:Jg ordinance Ad Hoc Corrmi ttee Minutes of January 22, 1976, and February
5, 1976. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Neveaux, Shulstad, and Kurvers. No negative votes. M::>tion carried.
BILlS: Councilrran Hobbs stated that the City should not pay the $50.00 bill from
the Carver Bicentennial Committee as the City Bicentennial Commission has agreed
in their minutes not to honor the bill.
A nDtion was rrade by Councilrran Shulstad and seconded by Councilman Hobbs that
the January bills as presented by paid with the exception of the payrœnt to the
Carver County Bicentennial Cornmi ttee, $50.00. The following voted in favor:
Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative
votes. M::>tion carried.
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RESOLUI'ION #76-16: Councilrran Kurvers ITOved the adoption of a resolution directing
the Treasurer to write a warrant to Northdale Construction Corrpany, Inc. in the
aITDunt of $10,154.50, check #008404, General Fund. Resolution seconded by I
Councilrran Hobbs. The following voted in favor: Mayor Klingelhutz, Councilrren
Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. M::>tion carried.
1976 LIQUJR LICENSE FEES: Harry Pauly, Herb Bloomberg, and Mr. and Mrs. 'Ibm
Krueger were present. The City Attorney sumnarized his report of February 10,
1976. Split liquor cannot be employed here in Chanhassen. The City can establish
variable license fees. The City cannot impose an amuserœnt tax or adii tional
charges for wine licenses.
Councilman Kurvers stated he feels there are three types of licenses in Chanhassen;
the Dinner Theatre, Pauly's and Jerry's Bars, and the Riviera Club.
Councilman Shulstad - Until we can establish in a fairly quantifiable manner how
to go about setting up a graduated system we should not rrove
in that direction. It is essential that any kind of a
graduated system has a very solid rationale behind it. I
don I t feel at this point in time that the Council is in a
position to rrake that kind of a judgment. I am in favor of
the concept but I don I t think at this point we are in a
position to act upon it. I am hoping that the Liquor
Commi ttee could pursue this.
Councilman Neveaux - I have had several corrplaints from people in regard to the
policing of broken glasses, broken bottles, errpty beer cans,
etc. down around that corner. Surely some come from a couple
of the license holders and I am sure some come from Kenny's
Market. Whether that I s a City problem or not I don I t know.
Whether we should speak: to the Chamber of Comrœrce about
getting that area cleaned up and continually cleaned up
and assessing the costs out sITDng the members affected or
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Special Council M=eting February 16, 1976
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whether the City should go in and do that on a regular basis
and reflect that as an added cost in the liquor licenses, I
don't know but I think it is something we should address
ourselves to. I would just as soon see it handled on a private
basis for them to get together and hire sorœbüdy to come in
once a week or once a nonth or send their own people out or
do sorœthing. It is a continuing problem.
'Ibm Krueger
- I am kind of curious what police patrolling is after 1: 00-1: 30 in the
morning because it is a constant problem in ~ parking lot is coming
in the next day and spending 45 minutes picking up beer bottles and
beer cans which I don't sell either one of in ~ establishment.
They are not there in the evening when I leave at 1: 00-1: 30 in the
rrorning. Somewheres between 1:30 a.m. and 8:00 a.m. somebody obviously
is either riding through and whipping them out the windows or I
would suspect they probably park in there and finish their beer and
open a window and toss than out. lam not happy about it either
because it makes IT\Y place look like a dump and I don I t appreciate it.
I don I t know when they are doing it. I am convinced it is younger
people who can I t get into a bar.
A rrotion was made by Councilman Shulstad and seconded by Councilman Neveaux that the
On-Sale Liquor License fee for the year 1976 be set at $4,800.00, On~Sale
Non- Intoxicating Liquor License fee be set at $175.00, Off-Sale Non-Intoxicating
Liquor License fee be set at $25.00; Off-Sale Intoxicating Liquor License fee be
set at $150.00, and Sunday Liquor at $200.00. The following voted in favor: Mayor
Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes.
M::>tion carried.
The Council will discuss the trash problem in the parking lots with Sgt. Anding.
A rrotion was rrade by Councilman Hobbs and seconded by Councilman Neveaux that the
Acting City Administrator contact the League and get all of the information he can
regarding variable liquor license fees as soon as possible and that the Sheriff's
Department be asked to diligently research their records of the last couple of
years and come up with a complete report of any area that they think are problem
areas in reference to liquor establishrrents by ~lJarch 15, 1976. The following voted
in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No
nega ti ve votes. !btion carried.
The City Attorney suggested the Liquor Committee study the proposed changes in the
Liquor Ordinance and rrake recommendations to the Council, Attorney and new
Administrator.
Harry Pauly asked if the license fee could be paid quarterly or semiannually instead
of all at once. The City Attorney stated the ordinance states May 1 but this could
be changed when the ordinance is revised.
PARTIAL VACATION OF IDT 22, AUDI'IOR I S SUBDIVISION #2: This area is at the north end of
Great Plains Blvd. Parcels A and B as shown on drawing attached to City Attorney's
letter of February 9, 1976, would go to Harry Pauly. Parcel would go to Lawrence
Ti vy and Parcel D to Dorothy Bongard. The City Attorney is asking for a resolution
authorizing the conveyance of the separate parcels to the indicated property owners
as shown on report of February 9, 1976.
Gene Coulter was concerned that this vacation would encroach on his driveway easerænt.
The City Attorney stated that the proposed vacation would not impair his driveway
easement. This will be confirmed with the City Engineer.
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Special Council Meeting February 16, 1976
The Council feels that the City should not have to pay the costs incurred for
engineering, legal, and administration. These should be borne by the benefitting
property owners. The Attorney will prepare costs.
A notion was made by Councilman Shulstad and seconded by Councilman Neveaux to
table action until the next Council meeting. The following voted in favor:
Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No
negative votes. Þ-btion carried.
The Acting Administrator will notify Gene Coulter when this is on the agenda.
IDT 12 EASEMENT, POOJECT 75-2: The City Attorney asked the Council to approve
a resolution setting forth the understanding arrived at between the City and LDt
12 representatives concerning the construction of the forcemain and improvements
of the watercourse. He will be meeting with Lot 12 owners on February 17.
RESOLUTION #76-17: Councilrran Kurvers rroved the adoption of a resolution
approving Lot 12 eaSEment conditions. Resolution seconded by Councilman Shulstad.
The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux,
Shulstad, and Kurvers. No negative votes. !btion carried.
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CARVER BEAΠSEWER AND WATER PROJOCT 75-2: Several residents of Carver Beach
were present. The City Attorney reviewed Council action of February 9, 1976,
regarding the paving of Huron and the deletion of paving on Devils Slide. The
action to pave Huron, Ivy and vlest 69th Street and to gravel Devils Slide is in
conflict with the present Carver Beach Development Guide. Paving these streets
and possibly changing their intended l5e constitutes an amendment to the Guide
Plan. The planning agency shall hold at least one public hearing on the question I
and may thereafter amend the plan and the Council can then adopt that amendment
as a part of the Guide Plan.
The paving of these streets would constitute a new local improvement. In the
opinion of the City Attorney the Council should designate the paving of these
roads as a new local improvement project and follow the statutory planning and
local improvement procedures.
The Council can direct the Planning Commission to conduct a public hearing on the
proposed changes in the Carver Beach Development Guide to provide for the paving
of these streets. After the public hearing the Planning Commission should act to
adopt or reject the proposed amendment.
The Comcil should call a public hearing to consider the paving as a proposed
public improvement and then act on the improvement.
Bill Brezinsky discussed the changes as proposed February 9, 1976. The first
four changes are in conflict with the Carver Beach Development Guide Plan.
1. Devils Sli.de. The Guide Plan calls for Devils Slide to be blacktopped. The
Council on February 9, 1976, noved to gravel Devils Slide at the request of
several residents of Carver Beach so that it could be easily abandoned in the
future. Signs were to be placed on Devils Slide stating for emergency use
only or for local traffic.
2. Paving of Huron north of 68th Street. The Guide Plan calls for paving of
Huron from 70th to 68th Street but called for emergency road only north
of 68th Street which would be a gravel road. The Council received letters
from the M3.intenance Deparbnent and from the Fire Chief recorrmending that
this road be blacktopped because it would be an ongoing rraintenance problem.
3. Ivy Road is shown on the Carver Beach Development Guide to be abandoned in
the future. It was the suggestion of the Þ-1a.intenance Department that it be
blacktopped and a one way street.
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Special Council M=eting February 16, 1976
4. 'Ib designate 69th Street from. Iroquois to Carver Beach Road a. one wa.y street
and pave it to a 12 foot width. The Carver Beach Guide Plan shows that this
will be abandoned in the future and there will be a cul-de-sac at the end of
Iroquois. It would be extrerœly difficult to build a cul....ae-sac and the
Engineer feels it should be paved.
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Proposed changes that would save some of the costs on the project and would not
be in conflict with the Guide Plan.
1. Pave Elm and make it a one way street from west to east. The Engineer feels it
has to be paved because of the steep slopes and that in the winter the only way
you can go is from west to east. It is a narrow road, right now it's 16 feet
wide. The Engineer stated they would like to know how the abutting property
owners feel about it before anything is done.
2. Designate Iroquois a one way street and pave it to a 12 foot width. The
Guide Plan shows Iroquois to be paved so this is not in conflict with the plan
it is just a change in planning where originally it was proposed as an 18 foot
wide two way street. It would tie into West 69th Street and rrake a one way
loop.
Jim Cranston - Here is a petition signed by everybody that abuts on Iroquois and West
69th stating they wish it to be an 18 foot wide two way street.
This petition was not received by the City.
3. Vacate for street use West 69th Street from Iroquois eastward to Huron but to
restore the existing driveways with gravel and to sod the area in between. It is
so steep it is difficult to get up the road in the winter or when it rains.
4. The Engineer recorrmended West 68th Street be 22 feet wide. He feels the streets
should be as wide as they can for safety reasons.
If all the proposed changes were done as suggested there would be a net construction
savings of $1,755.00.
A rrotion was made by Councilman Neveaux and seconded by Councilman Shulstad that
Council action taken on February 9, 1976, with respect to the graveling of Devils
Slide and paving of West 66th Street and Huron be rescinded. The following voted in
favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No
negative votes. þ.1Jtion carried.
A rrotion was rrade by Councilman Kurvers and seconded by Councilman Shulstad to direct
the Planning Corrmission to conduct a public hearing March 10, 1976, at 7: 30 p.m. on
the proposed changes to the Carver Beach Developnent Guide Plan to provide for the
paving or graveling of these streets which were mentioned at the previous Council
meeting. The Council is considering an arœndment to the plan to ease utility and
surface maintenance and safeguard utility installations. The following voted in
favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No
negative votes. ~btion carried.
Henry Wrase and Jerry Boucher will be in attendance at the public hearing. The
Lake stu::ly Committee requested notification of the public hearing. The Council felt
that notices need not be sent to all Carver Beach residents.
NSP FRANŒISE ORDINANCE: The City Attorney stated that NSP is now willing to delete
Section 13 and he recorrmended the Council approve the ordinance conditioned upon
reimburserœnt of the City by NSP of the staff and legal expense incurred in reviewing
the ordinance.
A notion was made by Councilman Shulstad and seconded by Councilman Neveaux to approve
Special Council Meeting February 16, 1976
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the NSP Franchise Ordinance with the deletion of Section 13 and NSP will
reimburse the City for staff and legal expenses incurred before the ordinance
is published. The following voted in favor: Mayor Klingelhutz, Council1æn
Hobbs, Neveaux, and Shulstad. Councilman Kurvers abstained. ~tion carried.
1976 POLICE CONTRACT: A motion was rrade by Councilman Kurvers and seconded by
Councilman Hobbs to approve the 1976 Police Contract in the aITDunt of $60,112
as presented by Carver County Corrmissioners. The following voted in favor:
Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative
votes. fution carried.
CITY OF BI.OJMINGroN - STADIUM:
RESOLUTION #76-18: Councilman Hobbs rroved the adoption of the resolution
submitted by the City of Bloomington under item 11 in the February 16, 1976, Council
Agenda. Resolution seconded by Councilman Kurvers. The following voted in favor:
Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. Councilman Shulstad
voted no. M::>tion carried.
Copies of this resolution to be sent to the City of Bloomington, Senator Schmitz,
and Representative Jopp.
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MJUL'ION EASEMENT: A rrotion was rrade by Councilman Neveaux and seconded by
Councilman Shulstad to direct the Attorney to negotiate with Janet M:>ulton in
regards to Carver Beach Sewer and t^later Easement #24 for a figure not to exceed
$4,500. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Neveaux, Shulstad, and Kurvers. No negative votes. Ivbtion carried.
ERICKSON EASEMENT #27: A rrotion was rrade by Councilman Neveaux and seconded by I
Councilman Kurvers that the City Attorney be instructed to negotiate with Mr.
and Mrs. Ken Erickson in regard to easerrent #27 for the aITDunt of $500 and also
the agreement for the City to perform work as in the letter of February 9, 1976.
The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux,
Shulstad, and Kurvers. No negative votes. Þ-btion carried.
viOITALlA EASEMENT #12R: A rrotion was made by Councilman Shulstad and seconded by
Councilman Neveaux that the City Engineer be directed to delete Easement #12R
from Project 75-2 in order that the Engineer's can go forward with construction
but only within the County right-of-way. The following voted in favor: Mayor
Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes.
M::>tion carried.
PARK AND RECREATION COMMISSION: A notion was made by Councilman Hobbs and
seconded by Councilman Neveaux to apf'Oint H. Ronald Berg to the Park and Recreation
Commission. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Neveaux, Shulstad, and Kurvers. No negative votes. M::>tion carried.
SIGN COMMITTEE: The Sign Comni ttee has redrafted the ordinance. They want to begin
laying the ground work on how to implement it. The Committee will be using $500
of their budget 'to hire a consultant to design a sign or signing system or a logo
for the City.
SPECIAL COUNCIL MEETING: A motion was made by Councilman Hobbs and seconded by
Councilman Neveaux to hold a Special Council M=eting February 18, 1976, at
6 :00 p.m. The following voted in favor: £>.1a.yor Klingelhutz, Councilmen Hobbs,
Neveaux, Shulstad, and Kurvers. No negative votes. ~tion carried.
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special Council Meeting February 16, 1976
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PROPOSED DUCK LAKE INTERCEP'IOR: There is a tentative meeting scheduled for
Thursday evening with Jl12tro. Council members and representatives of Eden Prairie
regarding the Duck Lake Interceptor. Mayor Klingelhutz, Councilman Kurvers and
Councilman Neveaux will attend.
CITY ADMINISTRA'IOR: Loren Law was present. A notion was wade by Councilman
Shulstad and seconded by Councilman Hobbs to hold a Special Council Þ-1eeting
Saturday, February 21, 1976, at 8: 30 a.m. for purposes of interviewing Mr. Don
Ashworth for a second time. The following voted in favor: Mayor Klingelhutz,
Councilrren Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. t"btion
carried.
UTILITY SUPERINTENDENT: A rrotion was made by Councilman Hobbs and seconded by
Councilrran Kurvers cormnending Jerry Boucher on passing Wastewater Facility Operators
Classification S-C. The following voted in favor: Mayor Klingelhutz, Councilmen
Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. ~tion carried.
A letter will be sent to Mr. Boucher.
MJNTHLY SHERIFF'S REPORT: The Council is anticipating a report from Sgt. Anding
on Operation Identification. Sgt. Anding will rœet with the Council on !lJarch 1st.
A fCDtion was made by Councilman Shulstad and seconded by Councilrran Kurvers to
adjourn. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Neveaux, Shulstad, and Kurvers. No negative votes. Meeting adjourned at 11:15 p.m.
Jerry schlenk
Acting Clerk-Administrator