Loading...
1975 06 16 " , I I I SPECIAL CHANHASSEN CITY COUNCIL MEETING JUNE 16, 1975 Mayor Klingelhutz called the meeting to order at 7:30 p.m. with the following members present: Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. The meeting was opened with the Pledge to the Flag. This special meeting was called to discuss the Frontier Days site. Roy Roeser - We presented everything to the Council at the meeting two weeks ago. We still like the Feed Mill site and feel we can do it there. We plan to stick by the restrictions. I have written permíssion from the landowner. Ross Little - I am not in favor of the site. I have talked to òbher businessmen and they are against it. Mrs. Dale Geving presented a petition signed by 59 persons living within l~ blocks of the site that are opposed to the site. Mark Geyer - I am for Frontier Days and the site. The whole idea of Frontier Days is to have a community festival and something to bring the community together. One of the sidelines is to raise money for various civic organizations. The Frontier Days committee has followed the proper channels. On March 20 an article appeared in the Carver County Herald mentioning that the Feed Mill site was being considered. No one objected at that time. Now a few weeks before the festival people are complaining. The City should stand by its decision of two weeks ago. I am asking as a citizen of Chanhassen that the benefits of what this festival has brought to the City in the last five or six years far outweigh a few. objections or inconveniences to a few people that might occur over a short time of a day or two. Bob Wallin, Manager of Bronco Bar, we are opposed to the site. People will be parking in the Frontier lot. I would prefer any other site than across the street. Herb Bloomberg - I am not in favor of the site. This will be somewhat of a disaster. I don't think it is possible to police this. I have offered the site next to Animal Fair. I think it would be infinitely better. Sharon Heimerl - People will be trampling my is done will have to be paid for by someone. to for it. There is no place to park now on I feel it is a very bad location. garden. Any damage that I will sue whoever I have Friday or Saturday nights. Roy Roeser - I did look at the site next to Animal Fair but at this late date there is no way we could use it. Itwo\1ld have to be graded and electricity brought to the site. Tom Klingelhutz - I am definitely against the feed mill site. I have had people threaten to move out of the apartments. If these people move out I am suing. John Havlik - I am the one that brought up the comments about last year. It wasn't the noise that was the problem it was the people and the congestion. I am not in favor of the site you are talking about but I am completely against the old site. I have to close down my station on the weekend of Frontier Days because it is just one mad mess. I don't see what is wrong with the site next to Animal Fair. Council Meeting June 16, 1975 -2- Mayor Klingelhutz - Frontier Days and the income it has produced for the organizations in Chanhassen has done a lot of things for Chanhassen. Councilman Shulstad - I don't think we should be mislead into thinking I that this kind of thing is not possible unless it is held on the old feed mill site. A motion was made by Councilman Shulstad and seconded by Councilman Neveaux that the Frontier Days Committee be instructed to find an alternative site than the requested old feed mill site that was approved two weeks ago. The following voted in favor: Mayor Klingelhutz and Councilmen Shulstad. Councilmen Hobbs, Neveaux, and Kurvers voted no. Motion failed. Councilmen Neveaux - The feeling we got from the Police Department was that this site would because of its containment within the CBD which is a quasi noisy area by nature would be easier from a police standpoint than a site on the fringe area. I would personally hate to see Frontier Days abolished. For two days and 2~ nights a little bit of inconvenience weighted against the good that it does the City the rest of the year is something that we should strive to come to some middle ground on. Roy Roeser - There would have to be an excessive amount of site preparation done on the Animal Fair site. It would be a great site. We aren't going to have a Frontier Days just to fund the flattening of a piece of property that might be gone the next year. Councilman Hobbs - We have a problem with trying to keep everybody in I town at least with some semblance of being together. We have to think long and hard about the burden we are putting on the people who are organizing Frontier Days. ß¿AA~ ß~-é~ Barry Br~ks Clerk-Administrator REGULAR CHANHASSEN CITY COUNCIL MEETING JUNE 12, 1975 Mayor Klingelhutz called the regular Council meeting to order with the following members present: Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. MINUTES: A motion was made by Councilman Shulstad and seconded by Councilmen Kurvers to approve the June 2, 1975, Council minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilmen Kurvers and seconded by Councilman Shulstad to note the May 28, 1975, Planning Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, I Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to note the May 8, 1975, Bicentennial Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. I I I I ,,.- Regular City Council Meeting June 12, 1975 -3- Amotion was made by Councilman Kurvers and seconded by Councilman Neveaux to note the May 29, 1975, Bicentennial 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 Neveaux and seconded by Councilman Shulstad to note the May 20, 1975, Park and Recreation 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 Neveaux and seconded by Councilman Hobbs to note the June 3, 1975, Park and Recreation 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 Neveaux to note the May 6, 1975, CBD Committee minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. The Council would like a progress report from the Fire Department on the marking of fire lanes in the CBD. A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to note the Lake Study Committee minutes of May 15, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. The Council will meet with the Lake Study Committee and the Park and Recreation Commission on July 7. The Council requests a complete file on the Lake Study Committee. The City Attorney has received an opinion from the Attorney General on whether Chanhassen would have the authority to adopt regulations controlling the border lakes. The Attorney General ruled no. Jurisdiction over border lakes is vested solely in the counties. The second question was can two border communities under the joint powers agreement agree to control the lakes. The Attorney General ruled no. BILLS: Delete the $17.57 bill from Burroughs on the maintenance contract from the bills. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to approve the bills as amended with the appropriate changes in the account numbers being made by the Treasurer at a later date. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. PROPOSED CARVER BEACH SANITARY SEWER, WATER, AND STREET IMPROVEMENT PROJECT 75-2: The Cou'nci1 has held an iriformatio'narme-eting and pühlic hearing on this project. The City Engineer will look into an alternate route for the force main along Frontier Trail. Councilman Hobbs asked if there was any way to get a feel from lending institutions as to how they look at an area that is not served with sewer and water. The Administrator will contact HUD for an opinion. The Council will take action on this project July 7. Regular City Council Meeting June 16, 1975 -~ -4- Tim Stone - Because of the platting in Carver Beach a good share of the sewer and water doesn't specifically go on major road patterns a lot of it goes on the back roads so the need I to replace before certain temperature seasons is not so great. Is the 1% per month savings worth capitalizing on by the earlier bid or are we better off waiting for Spring? Bill Brezinsky - Right now with the bids we have been getting, the sooner the better. The bids that we have taken so far haven't taken into consideration the new labor contract that is being negotiated. A special Council meeting will be held June 23, 1975, at 8~ûO p.m. to discuss alternate routes for the force main. PROPOSED PRELIMINARY PLAT - TROLLS GLEN: The City Attorney, City Planner, and-City Engineer will be me'etlng with Mrs. Peterjohn and her representatives next week. The information that has been submitted is not complete. A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to table the preliminary plat of Trolls-Glen until the first meeting in July. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. METROPOLITAN COUNCIL TRANSPORTATION PLAN: The Metropolitan Council has the authority to approve or disapprove any limited access highway in the metropolitan area. The criteria which they will judge it is this proposed policy plan which is up for public hearing on June 25. Eden prairie is inviting Chanhassen to meet with Mr. Dahlen of the Metro Council Staff on June 23. Councilman Neveaux will attend. Carver County and Chaska should also be invited. I A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to relieve Councilman Neveaux of his obligation to the Council meeting Monday evening to attend the meeting in Eden Prairie. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. SIGN ORDINANCE: The Council has received a copy of the existing Ordinance 36 and 36A and B, suggested amendments, Planning Commission's comments on the proposed amendments and a copy of the Planning Commission's recommendations for some type of sign mall theme. The Planner has received numerous requests for directional signs and considerations other than are permitted in the Sign Ordinance. Bud Redburn and Buesgens Builders were issued a citation regarding the State Farm sign on the Buesgens sign. The Buesgens sign has changed substantially from when it was proposed. Mr. Redburn has responded to the citation but Buesgens has not. Mr. Redburn is requesting that the existing sign permit that he had be transferred to the Arboretum Blvd. location. Bud Redburn - I am a businessman in the community. I hope to be able toJI stay in the community because I serve over 150 families in Chanhassen right now. If it's going to require the remova of my sign from its present location I am asking you to show me an alternative way in which I can continue business and display that sign in this community. A ~ , ( -. I I I Regular City Council Meeting June 16, 1975 -5- committee within the Chamber of Commerce did spend quite a bit of time drafting changes to the ordinance because there were a number of areas that the business people felt that the existing ordinance did not permit them the ability to express and properly advertise their business. Because of that a redraft was prepared and submitted to either the Planning Commission or the Council. As a businessman it is not my intent to put up something that is offensive to the public. Councilman Neveaux - The committee that was partially Chamber people and partially Planning Commission came up with a full page of recommendations as far as changing the ordinance and by the time the Planning Commission got through examining them they had cut out quite a few of the committee recommendations. They then sent those recommendations to us. One of the hang ups I had as far as pushing it further was the lack of grasp I had with the uniform City design. I was waiting for someone to come up with some more information other than the'graphics that Tim Stone presented. We should have sat down with the Planning Commission and some Chamber people and ironed out this thing or else adopted the Planning Commission recommendations. Councilman Shulstad - I would like to recommend we do two things. If it takes some particular person to coordinate this I would be glad to volunteer in that capacity. I would like to request that the Planning Commission give that priority and pick up where things left off and the Council ought to follow suit. We ought to move ahead with assuming those circumstances where they are in clear violation of the Sign Ordinance. I would like to have a member of the Planning Commission sit down and we could discuss this with the intent of the Council taking action. Don Halla - Two years ago we requested permission to put up directional signs. We were turned down. In our business we have definite needs to direct people to our place of business because of our location. We are going to have some kind of directional sign by August 15th. I would agree with a sign mall. It would do the job for all the businessmen in the community so long as they are located strategically in the main areas around the City. We are going to start promoting extremely heavy this fall and it is hard to direct people three miles south of Chanhassen on Highway 101. We do sell plant material from the site. Councilman Shulstad requested all information regarding the Sign Ordinance that the Planning Commission used plus the recommendations from the committee. This will be on the July 7 Council Agenda. The Council has discussed the Sign Ordinance and the consensus is that they want it enforced strongly. Regular Council Meeting June 16, 1975 -6- The City Planner recommended the Council not amend the Sign Ordinance at this time until the City Plan has been thoroughly discussed, the City's identity has been established and whatever the Council agrees to I and then effectuate ordinances to implement the design concept of the City. Councilman Neveaux felt that by the time we get to signs as far as the comprehensive plan goes it might be four years away. In the meantime the one we have now is a constant cause of friction between the Chamber, CBD, and the Council. We had better take a stand on it and say that's the rules we are to go by. PROPOSED PROJECT 74-1A: Mr. Edward Callinan was present. The City Attorney has received a ruling from the Attorney General that the Council could vote this project in with a 3/5 vote. The City has a petition dated May 1, 1975, signed by Strong-Towle, Inc. and Les Renner the owners of Lots 3, 4, 6, 7, and 9, Block 1, Lots 1, 2, and 3, Block 2, and Lots 5 and 8, Block I Frontier Development Park petitioning for the improvement. The City Attorney feels this is sufficient to cover the 35 percent but he is waiting to hear from Mr. Towle to see if others might want to join in the petition. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to table any action on Street and Storm Sewer Project 74-1A until comments from the firm of Strong-Towle are received. The following voted in favor: Mayor Klingelhutz, Councilmen HObbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. STANDARD OIL STATION: The City Planner has researched to find out what I,· has taken place at this station. There are some illegal signs and tires stored outside. The City Attorney advised the Council that the action that should be taken should be decided by the City Planner what are the violations now that there is some record of what conditions were originally placed on the property. CITY PLANNER: Bruce Pankonin, City Planner, has completed six months with the City. The City Policy states that after six month probationary period a transfer to permanent status. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to transfer Bruce Pankonin, City Planner, to permanent status. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. OP~NBOTTLE/SA~ES TO, MINORS ORDINANCE: The City Attorney has amended this ordinance to lower the age of majority to 18, prohibit the riding of animals or driving animal drawn conveyances while under the influence, prohibit consumption of intoxicating liquor in public streets and increase the fine for violation to $300.00 or 90 days in jail. A motion was made by Councilman Hobbs and seconded by Councilman Shulstad to adopt the revisions to Ordinance #35 as outlined in the City Attorney's letter dated May 29, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. I A letter will be sent to the bar owners stating that the City is aware of the litter problem and they should watch their doors to make sure people do not carry out glasses or bottles. If they do not clean up their area then next year it would be part of the Liquor License the '...... . I I I .Regular Council Meeting June 16, 1975 -7- City would clean it up. Mayor Klingelhutz will sign the letter. INTOXICATING LIQUOR ORDINANCE: The City Attorney recommended revisions to this ()rdinance' 'to rower the age of majority to 18 and incorporating by reference the current State Liquor Statutes and increasing the fine for violation to $300.00 and/or jail of 90 days. A motion was made by Councilman Kurvers and seconded by Councilman Shulstad to adopt the revisions as outlined by the City Attorney. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. SHADE TREE DISEASE ORDINANCE: The City Attorney and Henry Wrase proposed a new ordin'anceto in'corporate oak wilt as a disease that comes under the enforcement provisions of the ordinance and also trees with other epidemic diseases. This ordinance will repeal the former ordinance. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to adopt the Shade Tree Disease Ordinance. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. SUBDIVISION ORDINANCE: The City Attorney asked the Council to amend the Subdivislon O'rdirlanc"e to conform to recent change in State Law relating to the restrictions on filing and recording conveyances. In municipalities that have subdivision regulations no conveyance of land may be filed if the land is described in metes and bounds or by reference to unapproved registered land survey. The City Administrator will prepare a resolution for Council approval to be sent to the County asking for their adherence to the above filing and also send this resolution to all other incorporated communities in Carver County and ask that their Councils pass the resolution. A motion was made by Councilman Shulstad and seconded by Councilman Neveaux to direct the City Attorney to prepare an amendment to the Chanhassen Subdivision Ordinance in order to conform to the proper changes in the State Law. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. PARK ORDINANCE: The Council would like copies of the proposed Park Ordlnance. The Administrator will instruct the gatekeeper to be open at least until 8:30 p.m. and keep tract of the number of cars that come in between 7:30 p.m. and 8:30 p.m. COMPLAINTS: A motion was made by Councilman Hobbs and seconded by Councilman Shulstad to instruct the City Attorney and Staff to move ahead with all possible haste to take care of the problems at the house south of the Legion Club and the house adjacent to the Pauly~fficeBuilding. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. SHERIFF'S REPORT: A motion was made by Councilman Hobbs and seconded by Coun'cilman Shulstad to note the Sheriff's report. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Regular Council Meeting June 16, 1975 -8- ,~; I The Council requests Sgt. Anding be present at the Council meeting when the Sheriff's report is presented. TYPEWRITER: The Administrator requested permission to purchase an IBM typewriter at a cost of $693.00. I . A motion was made Þy Councilman Shulstad and seconded by Councilman Hobbs that the Administrator be authorized to proceed with procurement of the necessary typewriter. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. SUMMER HELP: Steve Bielski was hired earlier this summer to cut grass at Lake Ann Park. Norm Sielge has been hired through the O.E.O. Program. The Administrator asked if the City should keep Steve Bielski. This would mean two summer help in the Park Dept. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to take the Administrator's recommendation on hiring Steve Bielski for summer help at not more than 30 hours a week. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. GREAT PLAINS BLVD.: The City Administrator recommended the Council set a date for a new public hearing on the street assessment. This will be on the next regular Council Agenda. WEST 96TH STREET: A motion was made by Councilman Shulstad and I seconde'd by Councilman Hobbs to recommend West 96th Street be posted at 30 miles per hour at both ends. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shul~tad, and Kurvers. No negative votes. Motion carried. CITY CAR: Councilman Kurvers stated he has received complaints that people can not use the city car because it has not been here. It was understood when the car was purchased that certain groups that had meetings would have the car available to them. The Administrator stated he wants a meeting with the Council to set down what is expected of him, what his authority is, what kind of expenses he has, and what kind of facilities he has. If anyone wants to use the car he will make arrangements. The City Planner would also like to meet with the Council. Mayor Klingelhutz will call a meeting. A motion was made by Councilman Shulstad and seconded by Councilman Neveaux to adjourn. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. M~eti?g adjourned at ~O a.m. )~/t~;I y2<'/f/-1< Barry Bro9Ks G Clerk-Admînistrator I