1976 04 05
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mNTINUATION OF PUBLIC HEARING
CENTRAL BUSINESS DISTRICI' PARKING lDT
APRIL 5, 1976, AT 7:30 P.M.
Acting Mayor Kurvers called the continuation of public hearing to order with the
following rrernbers present: CouncilIœn Hobbs, Neveaux, and Shulstad. Mayor Klingelhutz
came about 7: 40 p.m. The following interested persons were present:
Herb Bloomberg, 7008 Dakota
Bernie Schneider, 220 West 78th Street
Harry Pauly, 7561 Great Plains Blvd.
Adolph Tessness, 9219 Lake Riley Blvd.
Bernie Schneider - I have a copy of the memorandUÌTl from Don Ashworth to the City
Council. It states that the Council requested this item be placed
on the agenda although the item has been continued, the change in
the property ownership have hampered the ability to make a finn
recamœndation. The staff would recornrœnd the hearing be continued
wi th the understanding that the Council request a recorrrrændation
from the CBD Camni ttee for the next regular Council meeting. I
concur with Mr. Ashworth's recorrrrændation. We do not have a full
agreement of all the property owners although there basically are
only three at this tirœ but still in the interest of the CBD and
the majority of the property owners to continue this project and
I think this is something that should be worked out in full
agreement with all parties concerned before action be taken.
What we will do is call another meeting at a very early date and
make the CBD recamœndations to the Council.
Harry Pauly - There is not much to say as long as you can't get an agreement with
affected people. It's pretty hard to act. It's a matter of changing
one party's mind.
Herb Bloomberg - I have met with Ann Kol tyk and discussed this with her. She is a
little apprehensive. I will be meeting with her again. I would
like to see the project done by July 4 for the restoration project.
I would like another week and I am sure we will be a lot closer at
least we will all understand the problem better.
Don Ashworth - I recorrrrænded that the hearing be continued to the next regulat Council
meeting.
A ITDtion was made by Councilman Shulstad and seconded by Councilman Hobbs that the
public hearing of the Central Business District Parking lDt be continued to the next
Regular M::!eting, M:mday, April 19 at 7:15 p.m. The following voted in favor: Mayor
Klingelhutz, CouncilIœn Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes.
Hearing continued at 8:00 p.m.
Don Ashworth
Clerk-Administrator
REGULAR CHANHASSEN CITY ffiUNCIL MEETING APRIL 5, 1976
Mayor Klingelhutz called the meeting to order at 8:00 p.m. with the following
members present: Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. The rreeting
was opened with the Pledge to the Flag.
MINUTES: Councilman Neveaux would like to talk to the Chainnan of the Park and
Recreation Commission regarding representation on the Park and Recreation
Commission from the Minnewashta area.
A ITDtion was made by Councilman Shulstad and seconded by Councilman Kurvers
approve the Ivtlrch 15, 1976, Council minutes. The following voted in favor:
Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative
Ivbtion carried.
to
Mayor
votes.
A motion was made by Councilman Kurvers and seconded by Councilman Shulstad to note
the Ivtlrch 10, 1976, Planning Commission public hearing minutes. The following voted
in favor: M:1.yor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers.
No negative votes. Ivbtion carried.
A ITDtion was made by Councilman Neveaux and seconded by Councilman Hobbs to note
the Regular Planning Commission minutes of March 10, 1976. The following voted in
favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No
negative votes. MJtion carried.
A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to note
the Planning Conmission minutes of March 24, 1976. The following voted in favor:
M:1.yor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative
votes. MJtion carried.
A ITDtion was made by Councilman Kurvers and seconded by Councilman Shulstad to note
the March 11, 1976, Bicentennial Commission minutes. The following voted in favor:
Mayor Klingelhutz, C01IDcilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative
votes. M:>tion carried.
CLERK-ADMINISTRA'IOR: Ivtlyor Klingelhutz swore in Don Ashworth as Clerk-Administrator
for the City of Chanhassen.
RESOLUTION #76-29: Councilman Hobbs ITDved the adoption of a resolution authorizing
Don Ashworth to sign Ci ty checks and enter the safety deposit box together with all
other signatories. Resolution seconded by Councilman Kurvers. The following voted
in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers.
No negative votes. MJtion carried.
A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to remove
Gerald W. Schlenk I s signature from City checks and safety deposit box. The following
voted in favor: Ivtlyor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers.
No negative votes. MJtion carried.
KENNEL LICENSE: Richard Schoemer, 3605 Red Cedar Point Drive, is requesting a kennel
license to keep five dogs.
The Administrator read the staff recorrmendation. A kennel is not an allowable
usage wi thin an R-l Use District. Such a use could only be considered as a
condi tional use permit wi thin those districts having similar allowable uses. An
R-l district is not interpreted as a similar use and as such would not be allowed.
The staff recorrmended denial of the kennel permit.
The Administrator stated that right now the ordinance does not have a district that
would allow for, as an outright use, a kennel. It would come through as a conditional
use if the ordinance is ITDdified.
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Regular City Council M::!eting AprilS, 1976
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David Prillaman stated that as neighbors they have no quarrel with such a license.
He requested that provision be made in that those dogs be confined inside the basement
of the house from 10: 00 p.m. to 7: 00 a.m. as the kennel is close to his house.
The City Attorney stated that the Dog Ordinance was enacted prior to the ZOning
Ordinance. The existing ordinance defines kennels: a kennel is a place where IIDre
than two dogs of six IIDnths of age are kept for any purposes. There were instances
where the City required a kennel license in a residential district if you had ITDre than
two dogs. In 1968 Section 21 was enacted which says: no person, finn or oorporation
shall maintain in the City a kennel where dogs are kept for sale, boarding or any
other purpose without securing a license therefore from the City Council. The license
fee shall be $25.00 per year. What the City did was, in making the amendment, require
an inspection of the proposed kennel. If you keep ITDre than two dogs for your own
pleasure you were allowed to do that in a residential district provided you got a
kennel license and suJ::mi tted to the annual inspection and renewal. He believes the
Ci ty has been acting in accordance with the intent of the ordinance and the ZOning
Ordinance.
A rrotion was made by Councilman Shulstad and seconded by Councilman Neveaux that the
kennel perrni t for Richard Schoemer be tabled until such time as the staff can corne
up with a unaniITDus reccxmœndation. The following voted in favor: Mayor Klingelhutz,
Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. MJtion carried.
CARVER BEAΠASSOCIATION - FLEA MARKET: Gail Stone was present. The Association
would like to hold a Flea Market on May 8 at the park in Carver Beach to raise ITDney
for their treasurery. The Administrator voiced three concerns that should be
considered: liability insurance, coordination with the sewer and water project, and
clean up costs.
The City Attorney advised Mrs. Stone that perhaps they should get a general liability
insurance policy that would cover all their functions for the year.
A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to grant
the Carver Beach Association the use of the park on May 8 or there abouts contingent
upon the three reccmnendations from the City Administrator dated AprilS, 1976. The
following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad,
and Kurvers. No negative votes. MJtion carried.
CARVER BEAΠGUIDE PIAN AMENDMENTS AND STREET IMPROVEMENT: The City Attorney asked
the Council to consider the matter of calling for a public hearing on the proposed
local irrprovements, namely, paving Huron, paving West 68th, paving Ivy between Nez
Perce and Carver Beach Road. The City Engineer feels there is some urgency in that the
contractor will be starting in the roads this ITDnth and will begin blacktopping shortly
thereafter.
RESOLUTION #76- 30: CounciJman Hobbs rroved the adoption of a resolution that the Council
set a date for a public hearing on the public hearing on the public inprovement for
the roads in Carver Beach specifically the irrprovement of Huron fran West 66th Street
to West 68th Street, the improvement of Ivy between Nez Perce and Carver Beach Road,
the inprovement of 69th from Iroquois to Carver Beach Road on April 19, 1976, at
8:00 p.m. in the City Council Chambers. Resolution seconded by Councilrran Neveaux.
The following voted in favor: Mayor Klingelhutz, CouncilIœn Hobbs, Neveaux, Shulstad,
and Kurvers. No negative votes. MJtion carried.
CHANHASSEN PLAZA SHOPPING CENTER - INDUSTRIAL REVENUE BONDS: Jim Peterson and Doug
MJe were present. Mr. Peterson presented plans of the shopping center and asked the
Council to think about industrial revenue bonding for the project. The center will
consist of a drug store, super market, restaurant and other small shops. Their
projected date is for this fall.
Regular City Council Meeting AprilS, 1976
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The City Administrator recorrmended that a decision at this time would be pr~tu.re
as the Planning Camnission has not completed public hearings or made recorrmendations
on the project and the Council should table action pending action by the Planning
Commission on site plan approval and staff review of bonds for this type of project.
Mr. Peterson stated they wanted to introducè the proposal to the Council and they
will proceed with the public hearing.
MID-AMERICA BAPTIST SOCIAL SERVICE CORPORATION: Philip Frazier, Executive Director,
Commissioner Wayne Holtmeier, and Gwen Wildermuth, Carver County Family Services, were
present.
The City Administrator read his recCX'!UtBndation. The applicant has previously
requested the Planning Commission to initiate an amendment to expand the scopt of
the R-lA Use District to include group homes, as proposed by the applicant, Mr.
Frazier. Although their decision on the request has been hampered by coordination with
the Carver County Group Homes Committee, it is the staff belief that the Planning
commission has tried to acccmrrodate the request. It is the staff's recorrrrændation
that a final decision on this item be tabled until such time as the Planning
Commission has taken action.
The City Planner explained that the Planning Commission on February 25, 1976, tabled
action until they received input from the Carver County Group Homes Committee in
relation to group homes and other social service institutions. As of this date the
Ci ty has not received anything from the conmi ttee. This will be on the April 14
Planning Commission agenda.
Mr. Frazier stated that his reasons for appearing before the Council are to bring
the Council up to date on the situation and what they are trying to accomplish.
They have met with M:1.yor Klingelhutz, the Family Services Deparbnent, and with
the County Board of Commissioners. The Carver County Group Homes Committee has
not completed its work but their basic recorrm3ndation will be that group home
facilities cannot be located in the unincorporated areas of Carver County but
that they be related to the incorporated areas such as Chanhassen. Perhaps
rather than asking the Planning Commission to change the use of the R-lA to open the
entire areas that I s zoned R-lA to group homes that perhaps Mr. Frazier ask the Council
or Planning Commission to consider the idea of a conditional use at the farm house on
Highway 5 just east of Highway 41 because there is a particular need by the county
at this tiJre for a group home like the one proposed. Mr. Frazier felt this would
be less broad in its scope and would be expeditious in allowing this use.
Commissioner Holtmeier stated that there is one group home in the county serving young
adul ts and there is a need for an additional facility. The County Services Board
on January 27, 1976, gave their unaniITDUS concurance for the concept of another
group home in the county and asked Mr. Frazier to proceed to develop his plans.
The County Services Board wants a facility in the county because they have a primary
moni toring function where they know what's going on arid have strict controls over
the facility and the costs involved in placing individuals, if you can find space,
outside the county is considerably rrore per day. The county's only authority for
licensing or allowing group homes in the county is the unincorporated areas. He
feels the recorrmendations out of the Carver County Group Homes Committee are going
to parallel the guidelines set down by the State Department of Public Welfare that
these facilities have to be in the incorporated areas near existing amenities for
these children.
Councilman Hobbs - I agree, this has to go back to the Planning Commission. The
Planning Oommission not only has to look at this particular
group home but as you know we have to look at the concept. It
may take some time and study. We are going to have to have
sanething set up to handle them and I don't believe that each
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Regulat City Council Meeting AprilS, 1976
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one on an individual basis or an individual cQndi tional U$e is
going to work.
Councilman Shulstad - We are doing the comnission' s a disservice when we even make
some kind of a preliminary consensus. 'Ib me that smacks of
giving approval. I won't put myself out on a limb in that
regard. I would like to voice my support for the City Staff
tha t in this kind of situation they can feel confident in
insisting that the proper established routes be taken when
groups come before the City with special requests.
A ITDtion was made by Councilman Neveaux and seconded by Councilman Hobbs to table
action on this and refer the applicant to the Planning Corrmission. The following
voted in favor: Ivtlyor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers.
No negative votes. fution carried.
PROPOSED SIGN ORDINANCE: Councilman Shulstad upjated the Council on the proposed
ordinance. The current ordinance addresses itself to proprietary signs and dones' t
address the question of inforræ.tional signs or directional signs. The Co:rnmittee
felt that they should consider the proprietary sign in the context of a larger sign
system including direction and informational signs.
There are three basic changes the cormnittee is looking at.
l. Free standing advertising signs. The current ordinance prohibits them. The
proposed revision allows tEmporary real estate signs but specifies under what
conditions these signs would be allowed and specifies a time limit.
2. Recognize there is a difference between sign requirements where speed of traffic
is fast versus where traffic ITDves slowly.
3. Scherratic elements. The corrmittee feels that a sign ordinance with regard to
advertising signs should fit into the context of an overall graphics system for
the City.
MINNESOI'A VALLEY NATURAL WILDLIFE RECREATION AREA: A rrotion was made by Councilman
Shulstad and seconded by Councilman Hobbs that the Establishment of the Minnesota
Valley Natural Wildlife Recreation Area Bill be referred to the Park and Recreation
Commission for analysis and recomTlendations. The following voted in favor: Ivtlyor
Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes.
fution carried.
GREENVrnD SHORES SEWER AND WATER PROJECI' 75-3: The City received a letter from the
Sewer Board to the affect that the City of Chanhassen should plan only on building
sewers sufficient to serve the number of people that the Metropolitan Council
population predictions say will be here within 5, 10 or 15 years. Bill Schoell
suggested that the City answer the requests in the February 11 letter. He feels it
would be foolish to not take advantage of the good bids that were received and that it
is substantially in conformance with the Comprehensive Sewer Plan. The only
difference being that Greenwood Shores sewage originally was scheduled to go west.
FIRE INSPECTION FEES: The Administrator stated he agreed with the Attorney's report
of March 26 that the City can look at the specific question of the time spent by
the Fire Marshal for inspections and those costs could be charged directly back to
the property that would benefit. He would like to see the Council look into licensing.
A motion was nade by Councilman Shulstad and seconded by Councilman Hobbs that the
Council request of the City Administrator a review of the philosophy and benefits
of licensing and inspections as it pertains to the City of Chanhassen. A report of
which should be submitted to the Council in a period of 60 days. The following voted
in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No
negative votes. MJtion carried.
Regular Council rvEeting April 5, 1976
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lAKE ANN PARK: Pat Boyle was present.
A ITDtion was rrade by Councilman Hobbs and seconded by Councilman Shulstad to set
the fees for Lake Ann Park for 1976 as follows: Seasonal resident stickers $l. 00 I
per car, non-residents $10.00 per seasonal sticker, cars without stickers will
be charged $1. 00 at the gate entrance and Wednesday night softball players can
purchase a $1.00 seasonal sticker marked "Wednesday Night Only" for league softball.
The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux,
Shulstad, and Kurvers. No negative votes. MJtion carried.
CETA PRŒRAM: The Ivtlintenance Superintendent requested that 'Ibm Lynch be allowed
to work 40 hours per week with the City paying the extra five hours.
A IIDtion was made by Council.ma.n Neveaux and seconded by Councilman Hobbs that
Henry Wrase' s recorrmendation for 'Ibm Lynch be approved. The following voted in
favor: Ivtlyor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No
nega ti ve votes. Ivbtion carried.
lAKE ANN INTERCEP'IOR: Mayor Klingelhutz reported that Bruce Pankonin, Bill Schoell,
and himself attended the hearing. They found there is no funding for anything in
Priority 2 Projects which is where the Lake Ann Interceptor falls.
The City Planner sUJgested that perhaps the City should join with other affected
communi ties to push for this interceptor. Bill Schoell felt that the first step
would be to go to the Service Area Four Advisory Committee.
MANDA'IORY PIANNIN:; BILL: The City Planner asked if the Council wants him to pursue
funding for develoµnent of the City Comprehensive Plan.
RESOLUTION #76-31: Council.ma.n Shulstad moved the adoption of a resolution
authorizing the City Planner to prepare the necessary information to request for
financial assistance from the rvEtropoli tan Council under their new powers from
the State Legislature. Resolution seconded by Councilman Neveaux. The following
voted in favor: Ivtlyor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and
Kurvers. No negative votes. Ivbtion carried.
COUNCIL PROCEDURES: The Administrator would like to prepare a Council Procedures
document to help citizens. The Council felt it was an excellent idea and encouraged
him to proceed.
PRQJECI' #75-2: The City Attorney reported he had negotiated an easement with Betty
Buesgens through her Attorney whereby the City would agree to put in a gravity line
to the south edge of her property. The Attorney has been met with a demand that as
a condition to the grant of the easement that the City defer some $14,000 worth of
sewer and water charges on the Buesgens Office Building on the threat of not giving
ci ty the easeIrent and on the threat of not paying real estate taxes. The Attorney
advised them that the two are completely unrelated and that Mrs. Buesgens runs a
very substantial risk of Friday rrorning not having a gravity line.
RESOLUI'ION #76-32: CounciJman Hobbs moved the adoption of a resolution that the
sewer project across the Buesgens property proceed with the upmost haste and that
the gravity line not be installed unless the easement is signed. Resolution
seconded by Council.ma.n Neveaux. The following voted in favor: Ivtlyor Klingelhutz,
Councilmen Hobbs, Neveaux, Shuls tad, and Kurvers. No negative votes. M:>tion
carried.
A rrotion was made by Councilman Shulstad and seconded by Councilman Hobbs to adjourn.
The following voted in favor: Ivtlyor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad,
and Kurvers. No negative votes. M::!eting adjourned at 12: 00.
Don Ashworth, Clerk-Administrator
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