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1975 02 03 I I I 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 Chanhassen City Council Minutes February 3, 1975 -2- 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. I I ~ i I II I I I I Chanhassen City Council Minutes February 3, 1975 -3- 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. Chanhassen City Council Minutes February 3, 1975 -4- 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. ~ 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. I i CARVER BEACH BOAT LANDING: Tim Stone requested the Council table this matter until a letter ìs received from the Carver Beach Association. I 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. I I AMENDMENT TO ORDINANCE 47 SECTION 16.02: A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to approve the Planning Comm , ~ - I Chanhassen City Council Minutes, February 3, 1975 -5- 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. Chanhassen City Council Minutes February 3, 1975 -6- 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 -I I . III I