1975 02 03
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REGULAR CHANHASSEN CITY COUNCIL MEETING FEBRUARY 3, 1975
Mayor Klingelhutz called the February 3, 1975, meeting to order at 7:30
p.m. with the following members present: Councilmen Kurvers, Hobbs,
Neveaux, and Shulstad. The meeting was opened with the Pledge to the Flag.
MINUTES: A motion was made by Councilman Hobbs and seconded by Councilman
Shulstad to amend the January 20, 1975, City Council minutes as follows:
Amend the last prargraph, page 1 of the January 20, 1975, City Council
minutes to read: Jack Bell and Lauren Hillquist of the Lake Study
Committee discussed the establishment of a Lake Improvement District in
the City with the Council. The Lake Study Committee will appear before
the Council on February 3 at 8:45 p.m. to discuss the Lake Improvement
District. The Council would like clarification of what are the
responsibilities and what suthority the Lake Improvement District will
have. What authority would this group have in regard to taxation?
Who has control ....¡ also amend the motion under RAY BRENDEN in the
January 20, 1975, City Council minutes to read: A motion was made by
Councilman Neveaux and seconded by Councilman Kurvers to allow Mr. Brenden
to hook up to the City Water System and be assessed for one lateral unit
and one trunk unit and that the lateral area charge as outlined in the
City Engineer's letter be deferred until development takes place on the
property. The following voted in favor: Mayor Klingelhutz, Councilmen
Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried.
The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried.
A motion was made by Councilman Kurvers and seconded by Councilman Neveaux
to approve the January 20, 1975, City Council minutes as amended. The
following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux,
Shulstad, and Kurvers. No negative votes. Motion carried.
A motion was made by Councilman Kurvers and seconded by Councilman Shulstad
to note the January 21, 1975, Park and Recreation Commission minutes. The
following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad,
Neveaux, and Kurvers. No negative votes. Motion carried.
A motion was made by Councilman Shulstad and seconded by Councilman Neveaux
to note the January 29, 1975, special Planning Commission minutes. The
following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux,
Shulstad, and Kurvers. No negative votes. Motion carried.
A motion was made by Councilman Kurvers and seconded by Councilman Shulstad
to note the January 29, 1975, Planning Commission public hearing minutes.
The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Shulstad, Neveaux, and Kurvers. No negative votes. Motion carried.
FIRE LANES: Fire Chief Jack Kreger was present to discuss the fire lanes
in the CBD area of Chanhassen. There are fire lanes at the Chanhassen
Dinner Theatre and Colonial Shopping Center. Fire lanes will be posted
at all commercial buildings in Chanhassen.
Maurice Bleed stated he feels the fire lane signs at the Colonial
Shopping Center are not easily seen because of the lights behind them and
the canopy over them.
Councilman Neveaux suggested that possibly the City Planner could come
up with a different arrangement for parking in the lot so as not to lose
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to many spaces and not allow any parking in front of the shopping center
against the building.
JANUARY 7, 1975, PARK AND RECREATION COMMISSION MINUTES: Vivian
Beaugrand, Chairperson of Park and Recreation Commission, was present
to discuss the Commissions action on the Minnewashta Regional Park.
The Commission wants studies of the whole park plan for the whole city
and particularly to see how the Minnewashta area would fit in as a park
not necessarily as a regional park. They would like help from the
City Planner to up date the Park Plan Map. The Park and Recreation
Commission would like to know their priorities with the City Planner.
There will be a meeting February 12 at the Waconia High School to discuss
the overall County Park Plan. Pat Murphy stated the County is interested
in the Minnewashta and Waconia sites. The County would like to start
a master planning process for both areas. The Minnewashta area would
be to study it from the standpoint of a regional park but to determine
if a regional park can be placed there that would be suitable and
acceptable to the City of Chanhassen. Mayor Klingelhutz asked that a
member of the Park and Recreation Commission attend this meeting, also
a member of the Council. Councilman Shulstad will attend.
The City Planner or Deputy Clerk will write a letter to the Metropolitan
Council Open Space Committee asking them to keep Chanhassen advised of
any and all correspondence concerning the regional park proposal.
CARVER-SCOTT COUNTIES ROUTE RIDERSHIP: Bob Pearson, MTC Coordinator,
Pat Murphy, Theresa Erickson, Henry Wrase, and Bob Lindahl were
present to discuss the proposed Carver-Scott Counties Route
Ridership program. The features of this report are to increase both the
MTC and private bus service in this area and to cause the implementation
of seven community bus stations. They are proposing an expansion of the
special transit services presented provided by the Scott-Carver Economic
Council. ?The City will receive a letter next week asking for official
comments on the report.
BICENTENNIAL COMMISSION: Councilman Hobbs brought the Council up to date
on what ~4e Commission is proposing. Mariana Shulstad will be sending
letters to all organizations and homeowners associations asking if they
are interested in helping with the Bicentennial and if so, in what areas.
A public meeting will be held February 27 for anyone interested. One of
the major things being discussed is the renovation of the old Village
Hall. Fr. Armand has asked the Commission about the possibility of
renovating St. Hubert's Church and donating it to the City.
A motion was made by Councilman Kurvers and seconded by Councilman
Neveaux to designate the recycling effort in Chanhassen as an official
Bicentennial event. The following voted in favor: Mayor Klingelhutz,
Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes.
Motion carried.
PROPOSED HORSE ORDINANCE: Approximately 50 persons were present. The
Council went through the proposed ordinance section by section. Mr.
John Breckheimer, Shorewood Horse Inspector and member of the Shorewood
Horseowners Association, explained the inspection procedure and charges
used by the City of Shorewood.
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A motion was made by Councilman Hobbs and seconded by Councilman Shulstad
to adopt a fee of $10.00 per premises. The following voted in favor:
Mayor Klingelhutz, Councilmen Hobbs, Shulstad, Neveaux, and Kurvers. No
negative votes. Motion carried.
A motion was made by Councilman Hobbs and seconded by Councilman Neveaux
that the City require an annual inspection of all premises stabling
horses and an annual fee of $10.00. The following voted in favor: Mayor
Klingelhutz, Councilmen Neveaux, Hobbs, and Kurvers. Councilman Shulstad
voted no. Motion carried.
A motion was made by Councilman Neveaux and seconded by Councilman Hobbs
that if the holder of a stable permit fails to submit an annual
registration statement by June 1 he may within 12 months re-apply for
a stable permit. This to be included in Section 6. The following voted
in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, Neveaux, and
Kurvers. No negative votes. Motion carried.
A motion was made by Councilman Neveaux and seconded by Councilman Hobbs
that in Section 5, majority vote be changed to 4/5 vote. The following
voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad,
and Kurvers. No negative votes. Motion carried.
A motion was made by Councilman Shulstad and seconded by Councilman Hobbs
that in Section 7, majority vote be changed to 4/5 vote and the seven
day hearing notice be changed to ten days. The following voted in favor:
Mayor Klingelhutz, Councilmen Hobbs, Shulstad, Neveaux,and Kurvers.
No negative votes. Motion carried.
A motion was made by Councilman Hobbs and seconded by Councilman Shulstad
to amend Section 8 to read: That upon recommendations of the Park and
Recreation Commission the City Council shall designate and properly post
those areas on public lands, parks and beaches where horses may be ridden,
and add #6 to Section 8 to read: Prohibit the riding of horses on
boulevards in platted areas. 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 Hobbs
to amend Section 11 as follows: To provide reasonable flexibility in
the operation of this Ordinance, the City Council may by 4/5 vote approve
applications for stable permits which do not meet all the requirements
of this Ordinance where such exception would not be inconsistent with
the intent of the Ordinance. The following voted in favor: Mayor.
Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No
negative votes. Motion carried.
The Council decided not to include the PCA Regulations in this Ordinance
as they are applicable to all types of feedlots not just horses.
The City Attorney recommended that the Zoning Ordinance be amended to
provide for the stabling of horses as a permitted use under RIA and RI
but only upon the grant of a stabling permit.
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A motion was made by Councilman Neveaux and seconded by Councilman Hobbs
that the Planning Commission be directed to hold a public hearing on the
question of amending the Zoning Ordinance #47 to include the stabling I
of horses as a permitted use under zoning districts RI and RIA with
a stable permit. The following voted in favor: Mayor Klingelhutz,
Councilmen Hobbs, Neveaux, Kurvers, and Shulstad. No negative votes.
Motion carried.
The Planning Commission will notify the Ad Hoc Committee of the meeting
to change the zoning ordinance.
A motion was made by Councilman Hobbs and seconded by Councilman Neveaux
to accept the Horse Ordinance as amended subject to final draft
approval before publication. The following voted in favor: Mayor
Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No
negative votes. Motion carried.
LAKE STUDY CO~MITTEE: Jack Bell, Lauren Hillquist, and Bill Turner of
the Lake Study Committee were present. Craig Mertz discussed the January
30, 1975, City Attorney's report on Water Management Program and Lake
Improvement Districts. Jack Bell stated the Lake Study Committee feels
the need for coordinated management of the group of lakes in the City
under control of the elected officials. This can be accomplished
through a Lake Improvement District. The Committee feels the taxing
authority should be controlled by an elected body.
Commissioner Holtmeier stated that the County does have the power to set I"
up regulations for a Lake Improvement District within the County but
within the boundaries of the unincorporated areas not municipalities.
A motion was made by Councilman Neveaux and seconded by Councilman
Kurvers that the Lake Study Committee be authorized to proceed with
their investigation of the establishment of a Lake Improvement District.
The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried.
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A motion was made by Councilman Neveaux and seconded by Councilman Kurvers
that the City Attorney be authorized to obtain a legal opinion from the
Attorney General on the jurisdication of lakes that are in two cities
and two counties. The following voted in favor: Mayor Klingelhutz,
Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes.
Motion carried.
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CARVER BEACH BOAT LANDING: Tim Stone requested the Council table this
matter until a letter ìs received from the Carver Beach Association.
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A motion was made by Councilman Shulstad and seconded by Councilman Hobbs
to table any action until the next regular Council meeting. The
following voted in favor: Mayor Klingelhutz, Councilmen HObbs, Neveaux,
Shulstad, and Kurvers. No negative votes. Motion carried.
COUNTY VALUATION: Commissioner Ho1tmeier presented the Council with
the proposed" recommendations for changes in market valuation for the
County.
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AMENDMENT TO ORDINANCE 47 SECTION 16.02: A motion was made by Councilman
Neveaux and seconded by Councilman Shulstad to approve the Planning
Comm
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Chanhassen City Council Minutes, February 3, 1975
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Commission recommendation to amend Ordinance 47, Section 16.02 by adding
Subsection 8; Medical and Social Service Institutional Uses, and add the
following definition to Section 4: Medical and Social Service
Institutional Uses: Medical and social service institutional uses are
those utilized for religious, medical, educational, specialized housing,
philanthropic, eleemosynary, fraternal, sorority, welfareìclub or lodge
purposes. Medical uses shall include those uses involving the diagnosis,
treatment and care of human beings, including hospitals, medical and
dental services and clinics, nursing, convalescent, rest homes, sanitariums
and chamical dependency centers, and shall also include veterinary clinics.
Specialized housing uses shall include housing for students, orphans,
mentally ill, infirm, elderly, physically or mentally handicapped, and
similar housing uses. Educational uses shall include public or private
schools providing instruction to three or more students on the premises
at any given time, and shall include day nurseries. The following
voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad,
and Kurvers. No negative votes. Motion carried.
CITY ADMINISTRATOR: The Council discussed the references obtained by
Councilman Shulstad.
A motion was made by Councilman Shulstad and seconded by Councilman Hobbs
that the Council offer Barry Brooks the City Administrator position under
the conditions as outlined at the January 27, 1975, special Council
meeting. Mayor Klingelhutz will make the offer. The following voted
in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and
Shulstad. No negative votes. Motion carried.
STATE HIGHWAY DEPARTMENT: The City received a letter from the Highway
Department on the proposed traffic signals along Highway 5. This letter
stated that construction costs will be borne solely by the State.
All maintenance with the exception of painting, relamping the signal,
relamping the street lights and cleaning will be assumed by the State.
These exceptions will be the responsibility of Chanhassen. Power costs
to run the signal system and the street lights will also be the
responsibility of Chanhassen.
A motion was made by Councilman Neveaux and seconded by Councilman Shulstad
that the Administrator be directed to respond to the Highway Department's
letter of January 25 relating to the signalization at Trunk Highways 5 and
101 and Trunk Highways 5 and 41. The following voted in favor: Mayor
Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No
negative votes. Motion carried.
COUNCIL MEETING: A motion was made by Councilman Hobbs and seconded by
Councilman Shulstad that the Council finds that public business requires
the necessity to conduct a meeting on February 17, President's Day. The
following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux,
Shulstad, and Kurvers. No negative votes. Motion carried.
LEAGUE OF MUNICIPALITIES: A motion was made by Councilman Neveaux and
seconded by Councilman Hobbs to pay $60.00 for the dinner meeting on
February 26, 1975. The following voted in favor: Mayor Klingelhutz
Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes.
Motion carried.
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A motion was made by Councilman Shulstad and seconded by Councilman
Kurvers to adjourn. The following voted in favor: Mayor Klingelhutz
Councilmen Hobbs, Shu1stad, Neveaux, and Kurvers. No negative votes.
Meeting adjourned at 12:05 a.m.
ß~lO'w~
Jerry Schlenk
Deputy Clerk
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