1975 01 06
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CHANHASSEN CITY COUNCIL MEETING JANUARY 6, 1975
The January 6, 1975, meeting was called to order by Mayor Klingelhutz at
8:00 p.m. The meeting was opened with the Pledge to the Flag. The
following members were present: Mayor Klingelhutz, Councilmen Hobbs,
Neveaux, and Kurvers. Councilman-elect Craig Shulstad was absent.
OATH OF OFFICE: John Neveaux was sworn in for a four year term as
Councilman.
INDUSTRIAL CO~iISSION: Jerry Schlenk was instructed to call a joint
meeting of the Industrial Commission and Central Business District
Committee to discuss combining the two groups.
HUMAN RIGHTS COMMISSION: This commission is necessary for LAWCON Funding,
Federal Grants, HUD, etc. The City Staff will contact the former active
members to see if they would be willing to serve again and also try to
find new people. Councilman Hobbs was appointed in charge of reorganizing
the commission.
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:
Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative
votes. 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 Roberts
Rules of Order to supplement. The following voted in favor: Mayor
Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes.
Motion carried.
OFFICIAL NEWSPAPER: A motion was made by Councilman Neveaux and seconded
by Councilman Kurvers that the Carver County Herald Newspaper be the
City's Official newspaper. The following voted in favor: Mayor
Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes.
Motion carried.
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: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No
negative votes. Motion carried.
The City Attorney asked if any of the Council members are officers,
directors or shareholders in the State Bank of Chanhassen. All stated no.
MEETING NIGHTS: A motion was made by Councilman Neveaux and seconded
by Councilman Kurvers that the regular City Council meeting nights be
the first and third Mondays of every month at 8:00 p.m. The following
voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and
Kurvers. No negative votes. Motion carried.
AGENDA SYSTEM: A motion was made by Councilman Hobbs and seconded by
Councilman Kurvers that all meetings be conducted on the agenda system
and said agenda to be c~osed on Thursday! 1:00 p.m., prior to the next
meeting. The following voted in favor: Mayor Klingelhutz, Councilmen
Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried.
City Council Meeting January 6, 1975
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CITY ATTORNEY: A motion was made by Councilman Hobbs and seconded by
Councilman Neveaux that Russell H. Larson be appointed the City Attorney
at a fee rate to be charged on an hourly basis. The following voted I
in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux and Kurvers.
No negative votes. Motion carried.
A motion was made by Councilman Hobbs, and seconded by Councilman Kurvers
that Craig Mertz be appointed Assistant City Attorney to work under the
City Attorney's direct supervision. The following voted in favor: Mayor
Klingelhutz Councilmen Hobbs Neveaux, and Kurvers. No negative votes.
Motion carried.
FINANCIAL CONSULTANT: A motion was made by Councilman Kurvers and
seconded by Councilman Neveaux that Ehlers and Associates be appointed
as Financial Consultants. The following voted in favor: Mayor Klingelhutz
Councilmen Hobbs Neveaux, and Kurvers. No negative votes. Motion carried.
AUTOMATIC BILLS: A motion was made by Councilman Hobbs and seconded by
Councilman Kurvers that all utility bills, salaries and wages be paid
automatically. Salaries and wages shall be paid every other Friday (26
pay periods). Overtime shall be paid on the next pay period after submitted.
The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Neveaux, and Kurvers. No negative votes. Motion carried.
COUNCIL SALARIES: A motion was made by Councilman Neveaux and seconded by
Councilman Kurvers that the City Council salaries be set according to
Ordinance #52 as follows: Mayor - $100.00 per month, Councilman - I
$75.00 per month, and shall be paid monthly. The following voted in
favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux and Kurvers. No
negative votes. Motion carried. "
PURCHASING: A motion was made by Councilman Kurvers and seconded by
Councilman Hobbs that purchasing may be made in accordance to Resolution
#36721 entitled Resolution Creating the Position of Clerk-Administrator.
The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, .
Neveaux, and Kurvers. No negative votes. Motion carried.
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CHECK SIGNATURES: A motion was made by Councilman Kurvers and seconded
by Councilman Neveaux that the authorized signatures on all City Checks
shall be the Mayor Treasurer, and Clerk-Administrator. The following
voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux and Kurvers.
N9 negative votes. Motion carried.
.¡{ motion was made by Councilman Hobbs and seconded by Councilman KurVers
that the Mayor and Clerk-Administrator's facsimile signature be used on
all checks. The following voted in favor: Mayor Klingelhutz Councilmen
Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried.
BONDS: A motion was made by Councilman Kurvers and seconded by Councilman
Hobbs that the following be bonded for:
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Treasurer
Clerk-Administrator and Deputy Clerk
All other by Blanket Bond
including Councilmen 1,000.00
The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,!
Neveaux, and Kurvers. No negative votes. Motion carried. I
10,000.00
5,000.00
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City Council Minutes, January 6, 1975
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WEED INSPECTOR: Mayor Klingelhutz, who is the automatic Weed Inspector
for the City does so appoint Henry Wrase as Deputy Inspector.
FINANCIAL AUDIT: A motion was made by Councilman Hobbs and seconded by
Councilman Kurvers that the firm of Hoffman and Hoffman be hired to
prepare the audit to be presented to the Council no later than June 30
1975. The following voted in favor: Mayor Klingelhutz Councilmen Hobbs,
Neveaux and Kurvers. No negative votes. Motion carried.
ASSESSOR: A motion was made by Councilman Neveaux and seconded by
Councilman Kurvers that the Carver County Assessor shall do the assessing
in the City of Chanhassen for the year 1975, as per State statute. The
following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux,
and Kurvers. No negative votes. Motion carried.
SAFETY DEPOSIT BOX: A motion was made by Councilman Hobbs and seconded
by Councilman Kurvers that any of the following persons be authorized to
enter the City safety deposit box maintained ±n the State Bank of
Chanhassen:
Treasurer
Mayor
Clerk-Administrator
The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux,
and Kurvers. No negative votes. Motion carried.
WARMING HOUSE ATTENDANT: A motion was made by Councilman Neveaux and
seconded by Councilman Kurvers to hire a warming house attendant at a rate
of $2.50 per hour. The following voted in favor: Mayor Klingelhutz,
Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried.
SECRETARIAL HELP: A motion was made by Councilman Kurvers and seconded
by Councilman Neveaux to hire secretarial help for the Planning Commission,
Park and Recreation Commission, and Council at a rate of $2.50 per hour.
The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Neveaux, and Kurvers. No negative votes. Motion carried.
CIVIL DEFENSE DIRECTOR: A motion was made by Councilman Neveaux and
seconded by Councilman Hobbs that Jerry Schlenk be appointed Civil Defense
Director for the City at a salary of $50.00 per month for the additional
job. The Director will submit quarterly reports to the Council. The
following voted in favor: Mayor Klingelhutz Councilmen Hobbs, Neveaux,
and Kurvers. No negative votes. Motion carried.
FIRE MARSHAL: A motion was made by Councilman Neveaux and seconded by
Councilman Hobbs that Mark Littfin be appointed City Fire Marshal.' The
Fire Marshal and officers of the Fire Department will set up a program for
the Fire Marshal and present it to the Council. The following voted in
favor: Mayor Klingelhutz Councilmen Hobbs, Neveaux, and Kurvers. No
negative votes. Motion carried.
DEPUTY CLERK: A motion was made by Councilman Kurvers and seconded by
Councilman Hobbs that Jerry Schlenk be appointed Deputy Clerk. The
following voted in favor: Mayor Klingelhutz Councilmen Hobbs, Neveaux,
and Kurvers. No negative votes. Motion carried. '
A motion was made by Councilman Hobbs and seconded by Councilman Neveaux
that until the appointment of a Clerk-Administrator that the Deputy Clerk
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City Council Minutes, January 6, 1975
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be authorized to sign city checks. The following voted in favor: Mayor
Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes.
Motion carried.
HEALTH OFFICER: A motion was made by Councilman Hobbs and seconded by
Councilman Neveaux that Dr. Richard Olson be appointed as Health Officer
and that Councilman Neveaux and Councilman Kurvers be appointed members
of the City Board of Health for 1975. The following voted in favor:
Mayor Klingelhutz, Councilmen Hobbs Neveaux and Kurvers. No negative
votes. Motion carried.
CITY CONSULTANT ENGINEERS: A motion was made by Councilman Hobbs 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, and Kurvers. No negative votes.
Motion carried.
ZONING ADMINISTRATOR: A motion was made by Councilman Kurvers and
seconded by Councilman Hobbs that Bruce Pankonin be appointed City Zoning
Administrator. The following voted in favor: Mayor Klingelhutz,
Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion
carried.
MINUTES: A motion was made by Councilman Kurvers and seconded by
Councilman Neveaux to approve the City Council minutes of December 16,
1974. The following voted in favor: Mayor Klingelhutz, Councilmen
Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried.
The Council instructed Jerry Schlenk to send a letter to Harry Tuttle
explaining the Council action concerning gas rates was that the City
joined the Suburban Rate Authority and there will be a joint effort from
the municipalities that have joined this authority to present our case
to the Public Service Commission at the public hearing.
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A motion was made by Councilman Hobbs and seconded by Councilman Neveaux
to note the Park and Recreation Commission minutes of November 19, 1974, I
and December 17, 1974. The following voted in favor: Mayor Klingelhutz,
Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried.
A motion was made by Councilman Hobbs and seconded by Councilman Neveaux
to note the Planning Commission minutes of December 11, 1974, and
December 18, 1974. The following voted in favor: Mayor Klingelhutz,
Councilmen Hobbs Neveaux and Kurvers. No negative votes. Motion carried.
The Council would like clarification from the Planning Commission concerning I
Policy 31 where and how they feel we failed to solve our own problems and
what we should do in their opinion to solve them.
There will be a joint meeting with the Planning Commission on January 13
at 7:00 p.m.
A motion was made by Councilman Neveaux and seconded by Councilman Hobbs I
to note the Cermak Sales and Service and Beiersdorf public hearing
minutes of December 11, 1974. The following voted in favor: Mayor _ I
Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes.
Motion carried.
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City Council Minutes, January 6 1975
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Councilman Hobbs stated that Chanhassen has been appointed a Bicentennial
community by the Federal Government. The City has not received any
conformation at this time. The program for the City has been outlined
and can be implemented over the next two years.
Councilman Kurvers gave a report on the Lake Study Committee. Jack Bell
has been appointed Chairman. The Department of Natural Resources,
Department of Game and Fish, and Watershed District have provided
information to the committee.
PARK AND RECREATION COMMISSION APPOINTHENTS: A motion was made by
Councilman Kurvers and seconded by Councilman Hobbs to appoint Bill
Engebretson and Denis Stedman to the Park and Recreation Commission. The
following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux,
and Kurvers. No negative votes. Motion carried.
AMERICAN CHEMICAL DEPENDENCY CENTER: Jim Grathwol, Attorney, Dr. Robert
and Dr. Mary McAuliffe, Mr. and Mrs. McGough, Mr. and Mrs. Bob Buesgens,
and Sally deLancey were present. Mr. Grathwol explained they are
requesting a 79 bed treatment center on the Buesgens property next to
the Buesgens Office Building. There are limited indoor recreation
facilities. Some outside recreational facilities are planned. Patients
will not be allowed to leave the premises without proper supervision.
A medical consultant will be on the staff.
The City Attorney discussed whether or not this is a proper and permitted
use in a P3 District. He feels this would be a conditional use under an
R2 or R3 District.
Councilman Neveaux stated "I think this is something this community should
respond to. II "There is a definite need for this kind of facility. II "We
should be encouraging them to set this facility up. II "The mechanics of
it, whether this plan will be functional, whether the patients will be
treated in a humane manner, I think we should go to the professionals to
get advice. II
Councilman Kurvers stated "I still say we should go with minor changes in
the P'3 Ordinance and if it calls for a public hearing we should have one."
Councilman Hobbs stated "I can't read this into a P3 District." "I am
definitely in favor of this type of a facility and would like to have one
located in Chanhassen." liThe problem is where. II "I want everybody
involved to give a lot of thought to where this particular building is
going to be and how it is going to function. II "If they decide that's
where you want to go I think we would have to amend the P3 District and
go through a public hearing." .
Mayor Klingelhutz stated "I feel the chemical center is good for the
community. II "I can see problems if they put it in a residential area. II
"I wonder if the area the people have chosen probably isn't the area we
should go along with." "We have all agreed the center would be good for
Chanhassen."
A motion was made by Councilman Neveaux and seconded by Councilman Hobbs
to direct the Planning Commission at their meeting of January 81 1975, to
set a date for a public hearing at the earliest possible time on the
amendment of Section 16, specifically 16.02, Permitted Uses Within a
City Council Minutes, January 6, 1975
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P3 Planned Community Development District allowing an additional use
that would perhaps be entitled Institutional Uses such as referred to be
Carl Dale, City Planning Consultant, in his letter of December l7 1974. I·
The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Neveaux, and Kurvers. No negative votes. Motion carried.
ANIMAL CONTROL CONTRACT: A motion was made by Councilman Neveaux and
seconded by Councilman Kurvers that M.A.P.S.I. Contract be approved and
signed by the Mayor and Clerk-Administrator. The following voted in
favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No
negative votes. Motion carried.
POLICE CONTRACT: A motion was made by Councilman Neveaux and seconded by
Councilman Hobbs that the police contract between Carver County and the
City be approved and signed by the Mayor and Clerk-Administrator. The
following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux,
and Kurvers. No negative votes. Motion carried.
METROPOLITAN SEWER BOARD: A motion was made by Councilman Neveaux and
seconded by Councilman Hobbs to direct the Mayor and Clerk-Administrator
enter into an agreement between the Metropolitan Sewer BOârd and the City
of Chanhassen being Contract #271 and relating to the payment by the
City on an installment basis of the current sewer board costs for the
years 1971 and 1972. The current cost so deferred comprising only debt
service costs for unused or reserved capacity for the years 1971 and 1972.
No part of which deferred costs have heretofor been repaid by the City
of Chanhassen. The levy for this year is $11,300 including principa~ I.'
and interest. The following voted in favor: Mayor Klingelhutz,
Councilmen Hobbs, Kurvers, and Neveaux. No negative votes. Motion
carried.
ARBORETUM - NO PARKING SIGNS: The Arboretum is requesting the City
install no parking signs along both sides of Arboretum Drive from Highway
5 to the Arboretum service entrance. The Police Department recommended
they be placed 100 feet apart.
A motion was made by Councilman Neveaux and seconded by Councilman Kurvers
that the Arboretum purchase the signs and posts and the City Maintenance
Department will install them. The following voted in favor: Mayor
Klingelhutz, Councilmen Hobbs, Kurver~1 and Neveaux. No negative votes.
Motion carried.
FIREMEN'S RELIEF ASSOCIATION: A motion was made by Councilman Hobbs and I
seconded by Councilman Neveaux .to allow the Fire Department to invest
$11,500 in savings certificates at the highest permissible rate of return. !
The following voted in favor: Mayor K1ingelhutz, Councilmen Hobbs
Neveaux, and Kurvers. No negative votes. Motion carried.
JAMES BOYLAN - AIRPLANE: Mr. Boylan, 6760 Minnewashta Parkway, was present
requesting permission to operate an airplane with skis on Lake
Minnewashta.
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A motion was made by Councilman Hobbs and seconded by Councilman
Neveaux to refer this to the Lake Study Committee and table action
this time. The following voted in favor: Mayor Klingelhutz,
Councilmen Hobbs Neveaux, and Kurvers. No negative votes. Motion
carried.
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City Council Minutes January 6, 1975
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Mr. Boylan agreed to discuss this with the Lake Study Committee if
the committee so desires.
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INSTITUTE FOR BUILDING OFFICIALS: A motion was made by Councilman Neveaux
and seconded by Councilman Hobbs to approve paying Hubert Forcier's
registration fee in the amount of $40.00 to attend the Building Inspector's
Seminar. The following voted in favor: Mayor Klingelhutz, Councilmen
Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried.
ROY LEACH: A motion was made by Councilman Hobbs and seconded by Councilman
Kurvers to approve hiring Roy Leach to work on skating rinks and warming
house at a salary of $2.50 per hour. The following voted in favor:
Mayor Klingelhutz, Councilmen Hobbs, Neveaux and Kurvers. No negative
votes. Motion carried.
JACK ERNST: A motion was
Councilman Hobbs to raise
following voted in favor:
and Neveaux. No negative
made by Councilman Neveaux and seconded by
Jack Ernst's salary to $3.00 per hour. The
Mayor Klingelhutz, Councilmen Hobbs, Kurvers,
votes. Motion carried.
DEVELOPMENT FRAMEWORK POLICY: Bruce pankonin discussed this proposed
policy with the Council. He recommended the Council have a special meeting
to discuss this. Bruce pankonin will make an oral presentation on behalf
of Chanhassen at one of the public hearings.
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The City Attorney will draft a resolution to Senator Schmitz" Representa-tive
Jopp'i and Governor Anderson complaining about the shortness of time '
allowed by Metropolitan Council to respond to requests from the
Metropolitan Council.
BULLETIN BOARD: A motion was made by Councilman Hobbs and
Councilman Neveaux to designate the bulletin board at City
official notification bulletin board. The following voted
Mayor Klingelhutz, Councilmen Hobbs, Neveaux and Kurvers.
votes. Motion carried.
seconded by
Hall as an
in favor:
No negative
OFFICE HELP: A motion was made by Councilman Hobbs and seconded by
Councilman Neveaux to table action until the January 13 meeting. The
following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux,
and Kurvers. No negative votes. Motion carried.
CIGARETTE LICENSE: A motion was made by Councilman Neveaux and seconded
by Councilman Kurvers to approve cigarette l'icènse applications for Bart's
Pharmacy and Chanhassen DX. The follovJing voted in favor: Mayor
Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes.
Motion carried.
HIGHWAY DEPARTMENT MEETING: Mayor Klingelhutz and Bill Schoell will attend
a Highway Department meeting in Golden Valley on January 8 at 1:30 p.m.
to discuss the Highway 41 and 5 intersection.
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A motion was made by Councilman Hobbs and seconded by Councilman Neveaux
that if there are any charges from the engineer on this, the engineer be
allowed to attend this meeting. The following voted in favor: Mayor
Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes.
Motion carried.
City Council Minutes, January 6, 1975
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SKATING R,INK; John Schumacker, Minnewashta Manor, is requesting permission
to use a hydrant and hose to flood Pope Pond for a skating rink.
A motion was made by Councilman Hobbs and seconded by Councilman I
Neveaux to table action on this until January 13. Jerry Schlenk will
make a recommendation. The following voted in favor: Mayor Klingelhutz .
Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion
carried.
DR JIM BENNYHQFF: A motion was made by Councilman Hobbs and seconded
by Councilman Neveaux that the Council instruct the staff to draft a letter
of commendation to Dr. Bennyhoff for his loyal service on the City Council.
The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Neveaux, and Kurvers. No negative votes. Motion carried.
FIRE LANE: Sally deLancey asked why the fire lane at the shopping center
couldn't be moved behind the stores. Mayor Klingelhutz stated the fire
chief designates fire lanes.
A motion was made by Councilman Kurvers and seconded by Councilman Hobbs
to adjourn. The following voted in favor: Mayor Klingelhutz, Councilmen
Hobbs, Neveaux, and Kurvers. No negative votes. Meeting adjourned at
12:45 a.m.
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e~;1 Schlenk
DePMY Clerk
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