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1975 03 03 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING MARCH 3, 1975 Mayor Klingelhutz called the March 3, 1975, regular Council meeting to order at 7:30 p.m. with the following members present: Councilmen Hobbs, Neveaux, and Kurvers. Councilman Shulstad was absent. The meeting was opened with the Pledge to the Flag. BOY SCOUTS: Gene Coulter brought several Boy Scouts to observe the Council meeting. CITY CLERK-ADMINISTRATOR: Craig Mertz, Assistant City Attorney, swore in-Barry Brooks as Clerk-Administrator for the City of Chanhassen. MINUTES: A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to approve the February 17, 1975, City Council minutes. 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 Park and Recreation Commission minutes of February 18, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. The Council requests clarification on who will be paying for the life guards that will be hired by Minnetonka Schools. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to note the Planning Commission minutes of February 12, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. The Council noted the Planning Commission's concern regarding the passage of the Horse Ordinance in the February 12, ¡975, Planning Commission minutes. Craig Mertz stated there is no problem as the Council approved the Horse Ordinance subject to the proper changes in the Zoning Ordinance. The Council asked the Clerk-Administrator and City Planner to work out an appropriate hourly rate to bill applicants that require time of the City Planner and report this to the Council. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to note the special Planning Commission minutes of February 12, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to note the Bicentennial Commission minutes of February 13, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. MANDITORY PLANNING LEGISLATION AND METROPOLITAN SIGNIFICANCE: Bruce Pankonin, City Planner, explained to the Council that the Metropolitan Council is proposing legislation that would make it manditory for all metropolitan communities to adopt and implement comprehensive plans. Part of this legislation is to appropriate money to be available to local communities for development of city plans. The time period on -the manditory planning is two years from enactment of the bill. He read the Planning Commission minutes o£ February 26, 1975, recommending Chanhassen City Council Minutes March 3, 1975 -2- the Council prepare a resolution and submit it to the Metropolitan Council that 30 days is not enough time to review the rules and regulations and asking for an additional 90 days so that the City I can respond. If additional time is not granted the Council urge the Metropolitan Council not adopt the rules and regulations dated February 4, 1975. RESOLUTION #75- 2: Councilman Hobbs moved the adoption of the appropriate resolution. Resolution seconded by Councilman Kurvers. The following voted in favor: Mayor Klingelhutz, Councilman Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. Copies of this resolution will be sent to State Legislators and the Chairman of the Metropolitan Council. Bruce Pankonin will attend the Metropolitan Council Public Hearing on March 10, 1975. 1975 PLANNING WORK PROGRAM: The Planning Commission and City Planner have developed a two year work program for Council approval. The City Planner does not feel too much outside help will be needed. The manditory planning legislation creates a fund of $2.25 million. Perhaps the City can obtain some of that money. The February 26, 1975, Planning Commission minutes were read. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers that Bruce Pankonin, City Planner, be empowered to embark upon a two year planning work program as outlined in his memorandum of I February 26, 1975, bringing the City through a process of community facilities plan, physical fGatures, transportation analysis, population economics, all the points that were brought up in the memorandum of February 26, and that at the earliest possible time that metropolitan or State Funds are available for assistance in this planning process that an application for those funds be made. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. INSURANCE: Mr. Dave Chase was present to discuss the City insurance program. He has found that the City does not have collision on any of the city vehicles. He proposed $250.00 deductible on every vehicle valued in excess of $1,000. The premium would be approximately $500 a year. A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to include collision on city vehicles valued in excess of $1,000 with $250 deductible subject to auditing of the books and the dividends from the insurance company. The policy to be in effect immediately. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. A motion Hobbs to with the voted in Kurvers. was made by Councilman Neveaux and seconded by Councilman increase the valuation on city property by 10% in accord recommendation of Mr. David Chase of C.C.A. The following favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and No negative votes. Motion carried. I ~ I I I Chanhassen City Council Minutes March 3, 1975 -3- A motion was made by Councilman Hobbs and seconded by Councilman Neveaux that the City Administrator and Mr. Chase be authorized to look at the valuation of the city property and come up with a realistic figure. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. CARVER COUNTY ASSESSOR: Mr. Lawrence Fiebelkorn, Carver County Assessor, was present to discuss the re-assessment of the county. The suggested increase for residential property in Chanhassen is 20%, commercial 10%, and 40% for seasonal recreational property. This does not mean that every individual residential piece of property will be raised 20%. 1974 FINANCIAL REPORT: Kay Klingelhutz, City Treasurer, was present to discuss the Annual Financial Report for 1974. This report will be submitted to the Public Examiner. AccountS receivable includes many outstanding bills from previous years. It was decided to send out letters stating that if the bill is not paid in 30 days no future permits will be issued. The City will then make a complaint to the Plumber's State Licensing Board. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to approve the Statement of Revenue and Expenditures on Cash Flow and Accural Basis Year Ended December 31, 1974, General Fund Statement of Revenue, General Fund Statement of Expenditures, and List of Vendors for 1974 for publication. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. SOUTH FRONTAGE ROAD, HIGHWAY 5 EAST OF HIGHWAY 101: The City Attorney's office has contacted the three property owners involved in the easement acquisition. They are Chanhassen Holding Company, Chanhassen American Legion and Prestige Development Corp. Craig Mertz, Assistant City Attorney, suggested that if the Council wants the option in the future of assessing out this project a public hearing should be held. He recommended that the following be notified of the public hearing: Chanhassen American Legion, Chanhassen Holding Company, Chanhassen Estates residents, Prestige Development Corp., Texaco Station, and Beiersdorf property. Several residents of Chanhassen Estates were present. Dick Peterson, President Chanhassen Estates Residents Association, stated they question how this service road would be funded. "We don't feel that service road is required." "We would like to keep our access point which we have now, as granted by the State when Chanhassen Estates was first developed. II IIWe realize the service road will be there eventually but we feel the service road should go in at the time there is further development." He invited the Council to a Chanhassen Estates Residents Association meeting March 10 at 8:00 p.m. at the Lutheran Church of the Living Christ. Bill Schoell stated that the Highway Department would delete the safety features at Highways 101 and 5 if they were not assured that the service road would be built. Chanhassen City Council Minutes March 3, 1975 -4- A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to hold a public hearing on the proposed street improvement between Dakota Avenue and State Highway 101 at 8:15 p.m. at the Chanhassen Elementary School on March 31, 1975. The following voted in favor: I Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. PROJECT 74-lA: A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to amend the motion of February 17, 1975, to hold a public hearing on Project 74-lA on March 31, 1975, at 7:00 p.m. in the Chanhassen Elementary School. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. UNIVERSITY OF MINNESOTA LANDSCAPE ARBORETUM: Mr. Elton Anderson was present. The Arboretum is trying to get an appropriation from the Legislature for this sewer and water project. Bill Schoell has prepared a letter explaining how the costs were figured. This letter has been forwarded to the University. MINNESOTA SHARES FOR HUNGER CAMPAIGN: A letter was received from the League of Minnesota Municipalities asking the City to participate in Shares for Hunger on March 9. The Council agrees with the program but not enough time was allowed to publicize the event or to have ballots printed and distributed to do a good job. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to decline to participate in the Shares for Hunger Campaign I and note that on the reply card along with a letter stating the Councils reasons. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. SEWER AND WATER FEASIBILITY STUDY - CARVER BEACH: Several residents of Carver Beach were present. Bill Brezinsky explained the study. The sewer system is divided into two service areas; one is north of Carver Beach Road and west of Nez Perce. This area would be connected to the north service area. The east Carver Beach sewer would flow to a lift station south of Carver Beach then along the shore of Lotus Lake to a line near The Meadows Apartments. The roads will be restored as per the Carver Beach Development Guide. Roads that are proposed to be abandoned in the future will be restored to gravel surface. The other roads will be restored to 7 ton bituminus surface. The total cost of this project is $1,715,445.00. This includes all construction and restoration plus 26~% added for engineering, legal, administrative, and financing costs. The proposed unit cost if $5,370.00. There are approximately 82 parcels that are undersize and not being assessed. It was asked if any consideration had been given to a maintenance assessment to these parcels to help defray the cost. The representatives of Carver Beach asked if the City could list the approximate cost for each property owner for the informational meeting. I A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to hold an informational meeting with Carver Beach property owners on April 14, 1975, at 7:30 p.m. in the Chanhassen Elementary School. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. I I I Chanhassen City Council Minutes March 3, 1975 -5- ELECTION CONTEST: The City has received a bill for $293.00 for the Lord/Glaeser Election Contest. The City never received a notice of the proceeding wherein the City was assessed for the cost. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux that the City Administrator write a letter expressing our complete surprise at receiving an assessment and wanting to know why the format wasn't followed with the City being notified or afforded the opportunity to represent itself at any hearing wherein we were involved in being possibly assessed. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. FLOOD PLAIN: The Administrator needs the maps identifying the areas subject to flood before the Flood Plain Ordinance can be completed. This has to be completed by July 1, 1975. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to adjourn. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. Meeting adjourned at 12:50 a.m. ~'Y3føry-I(J-- Barry Brooks Clerk-Administrator