1975 11 03
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REGULAR CHANHASSEN CITY COUNCIL MEETING NOVEMBER 3, 1975
Mayor Klingelhutz called the meeting to order at 7:40 p.m. with the
following members present: Councilmen Hobbs, Shulstad, and Kurvers.
Councilman Neveaux was absent. The meeting was opened with the Pledge
to the Flag.
MINUTES: A motion was made by Councilman Shulstad and seconded by
Councilman Hobbs to approve the Special Council Minutes of October 11,
1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Shulstad, and Kurvers. No negative votes. Motion carried.
A motion was made by Councilman Shulstad and seconded by Councilman Hobbs
to table approval of the October 14, 1975, Public Hearing Minutes on the
North Area Sewer and Water Project 71-1 until November 17, 1975. The
following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad,
and Kurvers. No negative votes. Motion carried.
A motion was made by Councilman Shulstad and seconded by Councilman Hobbs
to table approval of the Special Council Minutes of October 14, 1975.
until November 17, 1975. The following voted in favor: Mayor Klingelhutz,
Councilmen Hobbs, Shulstad, and Kurvers. No negative votes. Motion
carried.
A mo·tion was made by Councilman Shulstad and seconded by Councilman Hobbs
to table approval of the October 20, 1975, Continuation of Public hearing
Ninutes on the North Area Sewer and Water Project 71-1 until November 17,
1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Shulstad, and Kurvers. No negative votes. Motion carried.
A motion was made by Councilman Hobbs and seconded by Councilman Kurvers
to approve the Regular Council Minutes of October 20, 1975. The following
voted in favor: t1ayor Klingelhutz, Councilmen Hobbs and Kurvers.
Councilman Shulstad abstained. Motion carried.
A motion was made by Councilman Kurvers and seconded by Councilman Hobbs
to note the October 8, 1975, Regular Planning Commission Minutes. The
following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad,
and Kurvers. No negative votes. Motion carried.
A motion ~~as made by Councilman Kurvers and seconded by Councilman Shulstad
to note the Planning Commission Public Hearing Minutes of October 22, 1975.
The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Shulstad, and Kurvers. No negative votes. Motion carried.
A motion was made by Councilman Shulstad and seconded by Councilman Kurvers
to note the Planning Commission Minutes of October 22, 1975. The
following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad,
and Kurvers. No negative votes. Motion carried.
A motion was made by Councilman Hobbs and seconded by Councilman Shulstad
to note the Central Business District Committee Minutes of October 8,
1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Shulstad, and Kurvers. No negative votes. Motion carried.
A motion was made by Councilman Kurvers and seconded by Councilman Hobbs
to note the Central Business District Committee Minutes of October 22,
1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Regular Council Meeting November 3, 1975
-2-
Shulstad, and Kurvers. No negative votes. Motion carried.
A motion was made by Councilman Shulstad and seconded by Councilman I
Hobbs to note the Lake study Committee Minutes of October 16, 1975.
The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Shulstad, and Kurvers. No negative votes. Motion carried.
LOREN LAW, EXECUTIVE RECRUITOR: Mr. Law explained how his firm would
go about finding candidates for the position of City Clerk-Administrator
for the Council to choose from if the City would use his services.
The fee for this service is 25% of the first years salary plus out of
pocket expenses which include travel and telephone. Mr. Law feels it
would take a maximum of 90 days from the time he would start until someone
would be employed by the City. He would prepare proposed specifications
for the Council to discuss and change according to Chanhassens needs.
The Council will make a decision on this Wednesday evening at the Special
Council Meeting.
FIRE DEPARTMENT RADIO REQUEST: Frank Bjornson was present. The Fire
Department has received bids for two radios to be installed in the trucks
and three portable units. These would be on the City frequency. The
money would come out of the 1975 and 1976 budgets. They have received
a bid from Motorola for the two truck radios at $486.00 each installed
and including the antenna. The City just purchased four new Motorola
radios, to replace the ones that were stolen, at a cost of $521.38 each
not including installation or antennas. The four radios that were I
stolen have been returned to the City and the Fire Department does not
feel they should have to pay $521.38 for a used radio not including
installation when they can order a new one cheaper. They will accept
a used radio installed for $486.00. The Acting Administrator was
instructed to contact Motorola about the price difference for identical
radios.
A motion was made by Councilman Kurvers and seconded by Councilman Hobbs
to accept the bid from Motorola to purchase one mobile radio and three
portable units. The second mobile radio will be one of the used City
radios. The cost of that radio will be 1/4 of the total cost of the
four new City radios. The following voted in favor: Mayor Klingelhutz,
Councilmen Hobbs, Shulstad, and Kurvers. No negative votes. Motion
carried.
REQUEST FOR SEWER AND WATER - COLONIAL GROVE: The City has received a
petition for sanitary sewer and water from homeowners in Colonial Grove.
The Council also received a petition for sanitary sewer and water for
the north area of Lotus Lake.
,/RESOLUTION #75-38: Councilman Hobbs moved the adoption of a resolution
authorizing the City Engineer to prepare a feasibility study for proposed
sanitary sewer and water to serve Colonial Grove Addition and that portion
of the Lotus Lake lying southerly to the proposed Carver Beach Lift
Station on the Char-Lyn Property and to authorize a feasibility study
for that portion of the Lotus Lake area lying northerly and westerly
of Colonial Grove up to the eastern end of the 71-1 Sewer Project.
Resolution seconded by Councilman Shulstad. The following voted in
favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, and Kurvers. No
negative votes. Motion carried.
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Regular Council Meeting November 3, 1975
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The City Attorney will prepare a resolution to the Metropolitan Sewer
Board and Metropolitan Council regarding the Eden Prairie sewer line
receiving interceptor status that will serve a portion of Chanhassen.
PROPOSED STREET NAME CHANGE - COLONIAL GROVE: Several persons were present.
The City has received a petition from homeowners in Colonial Grove
requesting the following street names be changed back to the original
names: Dakota Circle to Pigeon Cove Road, Cheyenne Trail to Sturbridge
Road, and Dakota Avenue to Beach Haven Road.
The City Planner stated there should be a street naming policy. Unique
names get very confusing for a new plat. There should be some uniformity.
It is going to get very confusing when the City has a population of
50,000.
Herb Bloomberg stated he would take care of putting up the proper signs
with the new names. He plans to upgrade the street lighting system and
would like to put the street names on the light posts.
A motion was made by Councilman Shulstad that the Council authorize
Colonial Grove, assuming that they bear the expenses involved, to change
the following street names: Dakota Circle to Pigeon Cove Road, Cheyenne
Trail to Sturbridge Road, and Dakota Avenue to Beach Haven Road solely
within the pla't of Colonial Grove on Lotus Lake. Motion died for lack
of a second.
A motion was made by Councilman Kurvers and seconded by Councilman Hobbs
that the Council and Planner study the street naming in Chanhassen in
more detail. The following voted in favor: Councilmen Hobbs and Kurvers.
Mayor Klingelhutz and Councilman Shulstad voted no. Motion failed.
The City Planner was instructed to study the street naming system and
report to the Council at the next regular meeting.
CHANHASSEN LAWN AND SPORTS: Bernie Hansen was present requesting
permission to erect a metal storage shed on the west side of his building
on West 78th Street.
The CBD and Planning Commission have considered the request. The
Planning Commission recommended that the Council approve the construction
of a storage shed for a two year period and that Mr. Hansen screen the
south side with suitable material and a portion of the west side. The
screening be erected before May 1, 1975. The CBD recommended
approximately the same thing. The property is presently a legal
non-conforming use.
Mr. Hansen stated that if he had to screen it all he would abandon the
plan. It would cost too much. You have many other things setting in
this town that look a lot worse than that. He will go along with screening
the south side but who is going to see the west side when you are
driving down the street.
A motion was made by Councilman Hobbs and seconded by Councilman Shulstad
that the City Council grant a building permit to Chanhassen Lawn and
Sports for construction of a temporary metal building 14 x 10 feet.
This building be allowed to stand for two years from the date of the
building permit and this permit is being issued in conjunction with an
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agreement between the City and Chanhassen Lawn and Sports to screen
the southern side and ten feet of the western side of the property
with a rustic type fence in conformity with the CBD concept plan. I
The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Shulstad, and Kurvers. No negative votes. Motion carried.
ST HUBERT'S CHURCH CONDITIONAL USE PERMIT: Fr. Armand Lubanski and
Richard Lundahl were present. The Planning Commission held a public
hearing on October 22, 1975, and recommended the Council approve a
conditional use permit. The City Planner recommended approval subject
to the following:
1. The comments the City Engineer made in his report about some
minor drainage details.
2. The City Attorney drafting a conditional use permit.
3. The Planning Commission approving the light standards for the
parking lot.
4. The City Engineer approving the lighting plan before a building
permit is issued.
5. Reimbursing the City for expenses incurred in processing the
conditional use permit application.
Fr. Armand explained the proposed layout. He stated they have no plans
to use Chan View at all. Councilman Shulstad asked what will become
of the old church? Fr. Armand answered that he has no way of discussing
the old church until the new one is up. Once the new one is up and
we see how much it will cost us then we can talk about the old church.
"I don't have the money to put into it to fix it up. If anyone wants I
to organize a group to raise money to fix it up, I, myself, tried to
get on the Bicentennial Cornmission hoping to get some funds to help
repair it. Estimates I have so far are around $50,000. We have no
plans to tear it down or fix it up or do anything else with it until
we finish the new church.
Mr. Lundahl stated that the way they plan to build the new church is a
negotiated contract and they want to start construction before he has
all the contract documents done. He would ask for a footing and
foundation permit at first. "We won't be able to break ground this
fall if all documents have to be completed before a permit is issued."
The City Attorney and City Planner felt there would be no problem with
Mr. Lundahl's suggestion. There will be language in the conditional use
permit that St. Hubert's Parish does construct an approved lighting plan.
A motion was made by Councilman Shulstad and seconded by Councilman
Hobbs that ~he Council issue a conditional use permit to st. Hubert's
~hurch, SubJect Planning Case CUP 75-04, subject to the recommendations
In the Planner's report dated October 28, 1975, deleting recommendations
(c) and (d) and E~gineer's,report and the petitioner reimbutse the City
for all expenses lncurred In processing application for conditional use
T~e following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, .
Snulstad, and Kurvers. No negative votes. Motion carried.
A motion was made by Councilman Shulstad and seconded by Councilman
Hobbs that St. Hubert's Parish, the Historical Society, and the City
as a whole take a real interest in the future of the old church and
e~plore that with all intent of preserving that as a landmark in the
Clty. The following voted in favor: Mayor Klingelhutz, Councilmen
Hobbs, Shulstad, and Kurvers. No negative votes. Motion carried.
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Regular Council Meeting November 3, 1975
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ERIE AVENUE DRAINAGE: Bill Brezinsky gave a report on the drainage
study on Erie Avenue. There is no drainage problem at the present time.
The runoff from the area flows through a swale on the north end of the
Michael Sorenson property and eventually runs off through Lot 12.
The Engineer feels there won't be a problem as long as the drainage
swale is maintained. He recommended no filling be allowed. He also
recommended no upgrading of the road be done unless it is done as part
of an overall project which would include the rest of Erie Avenue and
West 77th Street. If the sewer project were put in the road should be
sealcoated and left at existing grade.
Don Schmieg - There is no problem with the drainage but I can't see
taking the street and tearing it all up and putting it
back and then in a year coming along and assessing me
again to put the street back in. If you have the street
torn up it makes no sense to me to put it back like
it is rather than fix it. We know we are going to fix
it there is no problem there.
Mayor Klingelhutz asked Mr. Sorenson how urgent is the sewer line.
Mr. Sorenson stated that as far as he is concerned he hasn't made any
plans for the immediate future. He would like to hook up his present
home. He wants to get the issue clarified on what's going to be done
as far as splitting the lot and the sewer assessment. He agreed with
Mr. Schmieg on the road proposal as long as you are going to tear it
up let's put it back right and get the assessment out of the way right
away. The sewer is not a dire emergency right now but it is going to
be.
The City Engineer sta~ed that the street wouldn't be torn up again.
The road when it's finished would be at essentially the same grade
that it is right now. It would be seal coated and would leave it
3~ inches lower than what would be the final grade. To bring it to
7 ton standards would involve paving over the sealcoating.
.,RESOLUTION #75-39: Councilman Kurvers moved the adoption of a
resolution authorizing the City Engineer to prepare a feasibility study
for West 77th Street from Frontier Trail easterly to its eastern most
extension, Erie Avenue from West 78th Street northeasterly, and Chan
View from Frontier Trail easterly to its eastern most extension and
investigate the need for right-of-way acquisition to extend Erie Avenue
northerly from its present terminus. Resolution seconded by Councilman
Hobbs. The following voted in favor: Mayor Klingelhutz, Councilmen
Hobbs, Shulstad, and Kurvers. No negative votes. Motion carried.
RESOLUTION #75-40: Councilman Shulstad moved the adoption of a resolution
to approve the proposed Erie Avenue Sanitary Sewer Extension but delay
implementation until action has been taken on the feasibility of street
improvements for Chan View and West 77th Streets e~st of Frontier Trail
and Erie Avenue north of West 78th Street. Resolution seconded by
Councilman Hobbs. The following voted in favor: Mayor Klingelhutz,
Councilmen Hobbs, Shulstad, and Kurvers. No negative votes. Motion
carried.
EDEN PRAIRIE MASTER PLAN: A motion was made by Councilman Shulstad
and seconded by Councilman Hobbs to table action until a later meeting.
The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Shulstad, and Kurvers. No negative votes. Motion carried.
Regular Council Meeting November 3, 1975
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NSP FRANCHISE ORDINANCE: Sam Higuchi was present. The City Attorney
in a report dated October 24, 1975, recommended approval subject to
the condition that NSP pay all costs of the City in preparing and
working on the ordinance.
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It was suggested that a paragraph be included in the proposed ordinance
that for all their installations NSP shall be required to secure the
necessary permits from the City and pay the necessary fees and also
delete Section 13. The City Attorney will make the necessary changes
to the proposed ordinance and submit it to the Council at the next
meeting.
A motion was made by Councilman Hobbs and seconded by Councilman Shulstad
to table action on the proposed NSP Franchise Ordinance until the next
meeting. The following voted in favor: Mayor Klingelhutz, Councilmen
Hobbs, Shulstad, and Kurvers. No negative votes. Motion carried.
~/LAREDO LANE ADDITION: Bids have been received for sewer and water
extension in Laredo Lane Addition.
RESOLUTION 75-41: Councilman Hobbs moved the adoption of a resolution
approving the low bid of $37,471.00 to Northdale Construction for sewer·
and water in Laredo Lane Addition. Resolution seconded by Councilman
Shulstad. The following voted in favor: Mayor Klingelhutz, Councilmen
Hobbs, Shulstad, and Kurvers. No negative votes. Motion carried.
LOT 12, AUDITOR'S SUBDIVISION #2: Several persons were present. Bill I
Brezinsky met with the low owners just before tonights meeting and
they would prefer to have the alignment of the force main follow the
creek bed instead of the road as proposed by the City Engineer. At
this point the Engineer does not know what the cost comparison would
be. If the force main is in the road the road will have to be rebuilt
also trees would be taken. If the creek bed is used no trees would
be removed. Owners will give easements if the alignment is in the
creek bed. The Engineer stated he will have to talk to the watershed
district and DNR about the new proposal to find out what their
requirements would be. The recommended erosion controL structures
will not be put in this fall but would be installed after the force
main is installed if the creek bed is used. The Council will make a
decision on this as soon as they receive watershed district approval.
DUTCH ELM AND OAK WILT:
RESOLUTION #75-42: Councilman Shulstad moved the adoption of a resolution
authorizing filing of application for grant to support residential
property owner subsidies under the provision of Minnesota Statutes,
Section 18.023. Resolution seconded by Councilman Kurvers. The
following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad,
and Kurvers. No negative votes. Motion carried.
FRONTIER DEVELOPMENT PARK STORM SEWER AND STREET IMPROVEMENT PROJECT
Bids were received on October 27, 1975, for this project. The
City Engineer recommended the Council delay acceptance of the bids
until November 17th.
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A motion was made by Councilman Shulstad and seconded by Councilman
Kurvers to table action until the next Council meeting. The following
voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, and
Kurvers. No negative votes. Motion carried.
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Regular Council Meeting, November 3, 1975
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ECOLOGICAL ORDINANCE: The Planning Commission has requested that the
City Attorney work with them on a proposed Ecological Ordinance.
A motion was made by Councilman Shulstad and seconded by Councilman
Hobbs to authorize the City Attorney to work with the Planning Commission
on an Ecological Ordinance and direct the Planning Commission and
City Attorney to enlist the cooperation and assistance of the Park
and Recreation Commission and the Lake Study Committee in drafting
this ordinance. The following voted in favor: -Mayor Klingelhutz,
Councilmen Hobbs, Shulstad, and Kurvers. No negative votes. Motion
carried.
TWIN HILLS STABLES: The City Attorney updated the Council in that he
and the City Planner met with Mr. Loris on October 23 and reviewed
the judgment in this matter and advised Mr. Loris that they were
drafting a permit and recommended that Mr. Loris write to the PCA
and that the Attorney and Planner would write to the PCA requesting
specific instructions as to what Mr. Loris is to do with his property
to conform to the PCA regulations as Mr. Loris is charged to do under
the judgment. The specifics they asked Mr. Loris to deal with and
which the Attorney and Planner have asked the PCA are:
1. Pasturage requirements per animal.
2. Manure removal and storage requirements.
3. Maximum horse census per season of the year.
4. Specific requirements as to restrictions on pasturage along
Christmas Lake Creek.
5. Animal bedding requirements relative to quantity per animal
and frequency of removal.
6. Segregation of pasturage at all seasons with emphasis on spring
and winter.
7. Seeding of pasture areas.
8. Employment of some means to block flowage into Christmas Lake
Creek.
~r. Loris was asked to furnish the City with a written statement
detailing the housing of animals by specific location of structures
and to advise the City what he is going to do about dust control over
the road to his property. The Attorney and Planner are waiting for
the PCA reply and a reply from Mr. Loris.
KOEHNEN DUPLEX: A motion was made by Councilman Hobbs and seconded by
Councilman Shulstad to follow the recommendation of the Acting
Administrator to turn this over to the City Attorney for further
investigation and legal action. The following voted in favor: Mayor
Klingelhutz, Councilmen Hobbs, Shulstad, and Kurvers. No negative
votes. Motion carried.
GARY CARLSON DUPLEX: A motion was made by Councilman Hobbs and
seconded by Councilman Shulstad to turn this matter over to the City
Attorney for further investigation and legal action. The following
voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad,and
Kurvers. No negative votes. Motion carried.
AMENDMENT TO ORDINANCE #3: A letter was received from the County
Attorney's Office recommending the City establish by ordinance a no
parking zone less than the 30 feet required by State Law.
Regular Council Meeting November 3, 1975
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The Acting Clerk-Administrator is to write a letter to Sgt. Richard
Anding asking the Police Department to not tag cars within 30 feet
of a stop sign where it is not painted yellow.
ACCOUNTING MACHINE: The City Attorney has reviewed the contract, bid
specifications, and the representations in the brochures. He has
prepared a punch list for the City Treasurer to go through and write
out her reactions to these representations that were made relative
to the capabilities of the machine.
MSAS 101: The City Attorney has had several meetings with the property
owners to get their reactions to the proposed alignment. The property
owners have approved the alignment. The Council should consider the
following alternatives with respect to MSAS 101: defer implementation
of the project until a future date or instruct the Engineers to prepare
the necessary engineering easement descriptions and request the City
Attorney to secure the easements. The Council will make a decision
at the next regular meeting.
DON HANUS COST ANALYSIS - WEST 79TH STREET: A cost sheet has been
prepared on all City expenses incurred su far on West 79th Street.
The total is $252.87.
ACTING ADMINISTRATOR: Councilman Hobbs and Councilman Shulstad have
met with the Acting Administrator and he gave them a letter outlining
the staffs proposals on what they would do in the interim while the
Council is looking for an Administrator. One proposal was a percentage
of the former Administrators salary to be allocated across the board to
staff members. The other proposal consisted of certain staff
members whose work load is increased due to the absence of an
administrator. This proposal included:
Jerry Schlenk - $250 a month
Kay Klingelhutz - $100 a month plus $500 for preparing the
budget
Karen Engelhardt - $125 a month
Bruce Pankonin - $50 a month
Joan Heinz - $50 a month.
The Council Committee felt that Jerry Schlenk and perhaps Karen
Engelhardt are the only ones that warrant some kind of compensation.
The Committee proposed $300 for Kay Klingelhutz for her work on the
budget, $200 a month for Jerry Schlenk, and $100 a month for Karen
Engelhardt.
A motion was made by Councilman Shulstad and seconded by Councilman Hobbs
that until a new Clerk-Administrator is hired that Jerry Schlenk as
Acting Clerk-Administrator receive a salary increase of $200 a month
and Karen Engelhardt receive $75 a month as Acting Assistant Clerk-
Administrator, and Kay Klingelhutz be paid a lump sum of $300 for
the additional work required in preparing the 1976 Budget effective
November 1, 1975. The following voted in favor: Mayor Klingelhutz,
Councilmen Hobbs, Shulstad, and Kurvers. No negative votes. Motion
carried.
A motion was made by Councilman Shulstad and seconded by Councilman
Hobbs to adjourn. The following voted in favor: Mayor Klingelhutz,
Councilmen Hobbs, Shulstad, and Kurvers. No negative votes. Meeting
adjourned at 12:40 a.m.
Je~rx Schlenk, Actin9 Clerk-Adm~nistr~tor
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