1975 11 17
I
I
I
REGULAR CHANHASSEN CITY COUNCIL MEETING NOVEMBER 17, 1975
Mayor Klingelhutz,called the meeting to order at 7:30 p.m. with the
following members present: Councilmen ~obbs, Neveaux, Shulstad, and
Kurvers. The meeting was opened with the Pledge to the Flag.
A motion was made by Councilman Hobbs and seconded by Councilman Kurvers
to amend the agenda to discuss thE? Executive Recruitor., The following
voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad,
and Kurvers. No negative votes. Motion carried.
LOREN LAW EXECUTIVE RECRUITOR: Council members met with Mr. Law prior
to tonights meeting.
A motion was made by Councilman Shulstad, and seconded by Councilman Hobbs
that the Council hire Mr. Loren Law to complete a specification
analysis as described subject to review after the first 30 days and
that he be requested to begin work immediately with the intention of
sitting down with the Council next Tuesday night, November 25. The
following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux,
Shulstad, and Kurvers. No negative votes. Motion carried.
MINUTES: A motion
Kurvers to approve
Hearing Minutes of
Mayor Klingelhutz,
No negative votes.
was made by Councilman Hobbs and seconded by Councilman
the North Area Sewer and Water Project 71-1 Public
October 14, 1975. The following voted in favor:
Councilmen Hobbs, Neveaux, Shulstad, and Kurvers.
Motion carried.
A motion was made by Councilman Kurvers and seconded by Councilman
Neveaux to approve the Special Council Minutes of October 14, 1975. The
following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux,
Shulstad, and Kurvers. No negative votes. Motion carried.
The City Attorney advised the Council that in the Koehnen Duplex matter
that he has served a notice on them and he was served with a motion
today to be heard on Friday in Chaska on the issue raised by the
earlier proceedings in 1970 whereby. they are goîng to seek court approval
to operate triplexes on Lots G, H, and I, Terera Acres.
A motion was made by Councilman Kurvers and seconded by Councilman Hobbs
to approve the Continuation of Public Hearing Minutes on the North Area
Sewer and Water Project 71-1 of October 20, 1975. 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
to approve the October 20, 1975, Regular 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 Councilman Neveaux and seconded by Councilman Kurvers
to approve the Special Council Minutes of October 29, 1975. The
following voted in favor: l-1ayor Klingelhutz, Councilmen Neveaux, Shulstad,
and Kurvers. Councilman Hobbs abstained. Motion carried.
Amend the November 3, 1975, Regular Council Minutes by changing the date
in the second paragraph under CHANHASSEN LA~m AND SPORTS to May 1, 1976.
Regular Council Meeting November 17, 1975
-2-
A.motion was made by Councilman Shulstad and seconded by Councilman
Hobbs to approve the Regular Council Minutes of November 3, 1975, I'
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 Neveaux and seconded by Councilman
Kurvers to approve the Special Council Minutes of November 5, 1975.
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
Neveaux to approve the Special Council Minutes of November 10, 1975.
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 October 23, 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 Shulstad..and seconded by Councilman
Hobbs to note the October 21, 1975, Park and Recreation Commission
Minutes. The follöwing voted in favor: Mayor Klingelhutz, Councilmen
Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion
carried.
BILLS: A motion was made by Councilman Shulstad and seconded by I
Councilman Neveaux to approve the bills as submitted. The following
voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux,
Shulstad, and Kurvers. No negative vote s. Motion carried.
WILSON/ROSSING RESUBDIVISION: Mr. and Mrs. Richard Rossing and Mr.
and Mrs. David Wilson were present. The City Planner explained the
proposal. The property under consideration is Lots 1982-1986, Carver
Beach. The existing zoning is R-l. They want to divide these lots to
square off the ownership patters. The Planning Commission held a
public hearing on this request and recommended approval. The City
Planner recommended approval.
A motion was made by Councilman Shulstad and seconded by Councilman
Neveaux that the application for lot resubdivision, Planning Case 75-03,
be approved as recommended by the City Planner. The following voted
in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad,
and Kurvers. No negative votes. Motion carried.
FRONTIER DEVELOPMENT PARK ST0B11 SEWER PROJECT 74-lA: Chuck Towle and
Les Renner were present. Bill Schoell stated they do not have anything
in writing from the Highway Department. The contract cannot be entered
into until the Highway Department has allocated the money. Nodland
Construction Company will send the City Engineer a letter agreeing
to extend the normal 30 day acceptance time of the bids for another
two weeks. He recommended the Council take some action next Tuesday
evening. He expects the Highway Department will take their action
prior to next Tuesday.
I
!
,j
I
I
1
Regular Council Meeting November 17, 1975
-3-
A motion was made by Councilman Neveaux and seconded by Councilman
Shulstad to table action on this until Tuesday, November 25. The
following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad,
Neveaux, and Kurvers. No negative votes. Motion carried.
FIREMEN'S RELIEF ASSOCIATION: Frank Bjornson and Jack Kreger were
present.
RESOLUTION #75-47: Councilman Shulstad moved the adoption of a
resolution requesting a Special Bill for the Chanhassen Volunteer
Firemen's Relief Association as described in Item 7 in the November
17, 1975, Council Agenda. Resolution seconded by Councilman Neveaux.
The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried.
A motion was made by Councilman Hobbs and seconded by Councilman
Shulstad to amend Article 8, Section 1, Subdivision 1, of the
Chanhassen Firemen's Relief Association By-Laws as described in
their letter of November 13, 1975. The following voted in favor:
Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers.
No negative votes. Motion carried.
2% FIRE INSURANCE CHECK: A motion was made by Councilman Kurvers
and seconded by Councilman Shulstad to authorize the Acting Clerk-
Administrator to give the 2% Fire Insurance Check in the amount of
$4,362.10 to the Fire Department Relief Association. The following
voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad,
and Kurvers. No negative votes. Motion carried.
MSAS 101: The City Attorney stated it was his understanding that all
the landowners have approved the alignment of this proposed road. The
question before the Council is whether they want to implement the project
by acquiring the right-of-way and consider constructing the road with
the funds that are available or whether the Council wants to delay the
project for the time being. Apparently there is going to be some
$229,000.00 available with the 1976 State Funding.
A motion was made by Councilman Neveaux and seconded by Councilman
Hobbs to instruct the City Engineer to prepare the easement descriptions
so the City Attorney can acquire the necessary easements as shown on
Engineer's drawing 8379 as revised November 1974 showing the alignment
of the roadway. The following voted in favor: Mayor Klingelhutz,
Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes.
Motion carried.
HISTORICAL SOCIETY - ST. HUBERT'S CHURCH BUILDING: Martha Lyman, Pat
Boyle and Don Schmieg were present. Fr. Armand Lubanski could not be
present. Don Schmieg stated that Fr. Armand had mentioned to him that
until the new church is built and taken care of there is nothing he can
do and then it would have to be left to the parish.
Martha Lyman stated that until the church parish or council makes a
decision the Historical Society feels that can't get involved. She
suggested the possibility of a study committee be formed to study the
feasibility of how it could be used. Councilman Neveaux suggested that
the Historical Society send a letter to the church board stating that
they would be willing to work with them on saving the church.
Regular Council Meeting November 17, 1975
-4-
HANUS CONDITIONAL USE PERMIT ON WEST 78th STREET: Mr. Hanus could
not be present. The City Attorney gave a report on Mr. Hanus' comPliancel
with the conditional use permit. The fence has been partially repaired.
There is still a considerable amount of outside storage. The parking
lot has been blacktopped but won't be striped until next spring.
Generally there has not been substantial compliance with the Council
directive.
Mrs. Ray Rettler was present. She stated that one of Mr. Hanus' buildings
at the West 78th Street location was built about three feet on her
property. The City Attorney advised that this would be a private matter
and she should see her attorney.
HANUS WEST 79th STREET PROPERTY: The railroad property has been improved
somewhat. There is still a horse trailer, dump truck and car transport.
On the Hanus property there are three cars and miscellaneous junk and
three trucks. Outside storage is not permitted in a C-3 District in
excess of 20% of the principal structure and here there is no principal
structure so parking is not permitted.
On the Daniel Klingelhutz property there are two dump trucks and a black-
top machine parked. It is up to the property owner to get these vehicles
removed.
The City Attorney will take action on the Hanus properties on West 78th
Street and West 79th Street as per Council motion of October 20, 1975.
Councilman Kurvers stated there are four or five vehicles parked on I
his property next to the Standard Station. The City Attorney stated
this was a private matter. The property owner could go to court and
bring a civil action for tresspass and seek treble damages.
STREET NAMING POLICY: The City Planner outlined on a map all the streets
within the City that do not conform to Ordinance 38. The City has
deviated somewhat from the provisions of the ordinance by not renaming
streets in accordance with the ordinance. The City has not completed
the implementation of Ordinance 38. He recommended that the City
continue with the street naming system. All east-west streets be
numbered and north-south streets are either names referring to indians,
birds or trees depending on location.
Councilman Neveaux suggested that major thoroughfares could perhaps
deviate from the system as they do now.
The Council felt that if some of the east-west streets were changed to
numbers at key points would help solve the problem and also correct the
streets that are off grid.
A motion was made by Councilman Neveaux and seconded by Councilman Kurvers
to keep the street names and add the grid systems to key east-west
streets. The City Staff will research as to the cost and how many
numbered signs would be needed. The following voted in favor: Mayor
Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No
negative votes. Hotion carried.
I
I
I
I
Regular Council Meeting November 17, 1975
-5-
MINNEWASHTA REGIONAL PARK: The City Planner received a letter from
John Boland, Chairman of the Metropolitan Council, regarding the
Planning Commissions recommendation to change the map designation on
the Comprehensive Plan. The Planning Commission strongly recommended
that the map designation be changed and that the properties on the east
and west sides of Highway 41 be included along with an alignment change
of Lake Lucy Road.
-~'.
RESOLUTION (#75-48: Councilman Neveaux moved the adoption of a resolution
amending thè~Chanhassen City Comprehensive Guide Plan to accommodate
a public recreational and environmental study area as schematically
proposed by the Carver County Park Board under date of July 14, 1975,
and consisting of the 394 acre tract on the easterly shore of Lake
Minnewashta which includes the 40 acre tract south of Minnetonka West
Junior High School. Resolution seconded by Councilman Shulstad. The
following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux,
Shulstad, and Kurvers. No negative votes. Motion carried.
Mayor Klingelhutz - I am not quite satisfied with the information
received from the Metropolitan Council. One letter
indicates they are approving the total guide plan
and the other letter from the Highway Department
indicates that they have talked about deleting the
40 acres on the east side of Highway 41. Regardless
of how our guide plan looks when it comes down there
for funding they will say they just have enough
money for that on the west side of Highway 41 we
don't want anything to do with the land on the east
side. If you want that as park land you better
buy it and do it yourself.
I feel it is quite important that this land south
of the school would fit into Chanhassen's plan and
I'm concerned because of my previous experience
with the Metropolitan Council and how they operate.
A motion was made by Councilman Shulstad and seconded by Councilman
Kurvers to direct the City Planner and Park and Recreation Commission
to work closely with Carver County in pursuing the reasons for the
property south of the Junior High to be included in the regional park.
The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried.
A motion was made by Councilman Hobbs and seconded by Councilman Neveaux
that the Council acknowledges the 15 points of the Planning Commission
and assures the Planning Commission that they will receive full
consideration. The following voted in favor: Mayor Klingelhutz,
Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes.
Motion carried.
The City Planner stated that the Metropolitan Council is in the process
of preparing an implementation program to acquire and develope these
parks. They will be going¢o the state Legislature this next session
asking for monies. He asked if the Council wants to react to this
legislation. The Council would like to see the legislation first.
Mayor Klingelhutz would like to receive any information.
EDEN PRAIRIE l-ffiSTER PARK PLAN: Eden prairie has prepared a plan for
three parks one of which abuts Chanhassen. The Planning Commission
Regular Council Meeting November 17, 1975
-6-
has reviewed it and suggests that the plan be reviewed by the Park and
Recreation Commission and they work closely with Eden Prairie.
I
A motion was made by Councilman Neveaux and seconded by Councilman
Hobbs to refer this to the Park and Recreation Commission for study.
The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried.
APPLE VALLEY RED-E-MIX: John Ericson was present. The Acting Administrator
reported that Apple Valley has painted the silos and the building.
They have made an application for a building permit for the bly ash
silo. He cannot issue a permit because all commercial permits have to
be approved by the Council. Normally when someone starts building
without a building permit a penalty of 50% of the cost of the permit
is cDarged. He recommended this be charged.
John Ericson stated he has discussed the silo with the Carver County
Assessor. The Assessor told him that the silo is assessed as equipment
not real estate. Apple Valley did not feel it was necessary to have a
permit. The City Attorney felt that the silo should be taxes as real
property.
Mr. Ericson suggested that both silos be fenced from the bottom of the
silos to the ground and pain'ted the same color as the building.
A motion was made by Councilman Neveaux and seconded by Councilman Hobbs
that Application for a Building Permit for Apple Valley Red-E-Mix I
dated November 10, 1975, for construction of a fly ash silo, estimated
value $5,000, be issued for l~ times the regular permit fee plus
administrative costs incurred by the City Planner and City Staff. That
both exposed exterior silos be skirted with architecturally harmonious
wood treatment to blend with the main portion of the building from the
top of the legs to the ground and that the City re-affirm the position
of the Apple Valley Red-E-Mix being a non-conforming use in a C-3
District. The skirting to be completed within 30 days. The following
voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and
Kurvers. Councilman Shulstad voted no. Motion carried.
SWEEPER AND TWO TRUCKS:
RESOLUTION #75-49: Councilman Neveaux moved the adoption of a resolution
authorizing the preparation of specifications and advertising for bids
on a sweeper and two trucks. Resolution seconded by Councilman Hobbs.
The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried.
MINN-KOTA PROJECT 71-1E: The City has not received the final pay request.
The Engineer is preparing an estimate with the final quantities in it.
Hinn-Kota has forwarded the request for payment to their attorney.
The City Attorney reported he had a conversation with Minn-Kota's Attorney
Jack Deveny on November 14. They apparently are in agreement to absorb
$12,769.04 for extra engineering costs incurred since the contract
completion date and that this amount can be deducted. Mr. Deveny will
submit a detail of what he understands these amount to. The City
Attorney advised Mr. Deveny of the Council motion of November 10, 1975,
and Mr. Deveny stated that if the City was going to invoke the full
$33,300 penalty Minn-Kota would start suit.
I
I
I
I
Regular Council Meeting November 17, 1975
-7-
A motion was made by Councilman Shulstad and seconded by Councilman
Kurvers to authorize the City Attorney to negotiate the liquidated damage
penalty. The following voted in favor: Mayor Klingelhutz, Councilmen
Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion
carried.
PROJECT 75-2 CARVER BEACH SEWER AND WATER AND PROJECT 75-4 FRONTIER
TRAIL STREET IMPROVEMENT: Bids on these projects were opened on
November 12. The low bidder on Project 75-2 is Harley Hoffman, Inc.
There was a deduct for the use of Fairbanks-Morse pumping equipment in
the lift stations. This wasn't submitted for the Engineer's approval
before the bids were taken. The Engineer does not know what lift station
arrangement they are proposing so it is not known if it is equal to the
Flygt equipment that was specified. The Engineer recommended the
Council award the bid to Harley Hoffman, Inc. but leave open pumping
equipment until a report is received from the City Engineer.
The low bidder on Project 75-4 is Erickson Bros. Contracting, Inc.
Erickson Bros. Contracting, Inc. is primarily a sewer and water
contractor and will sub-contract this job probably to Northwest
Bituminous.
Tim Stone and Mike Neimeyer were present. Tim Stone stated there are
some minor modifications to the overall plan that have been discussed
in the neighborhood and with Schoell and Madson. The City Engineer
stated that no change orders would be involved in these modifications.
RESOLUTION #75-50: Councilman Hobbs moved the adoption of a resolution
accepting the low bid of Harley Hoffman, Inc. in the amount of
$1,258,203.30. Councilman Kurvers seconded the resolution. The
following voted in favor: Mayor Klingelhutz, 'Councilmen Hobbs, Neveaux,
Shulstad, and Kurvers. No negative votes. Motion carried.
RESOLUTION #75-51: Councilman Kurvers moved the adoption of a resolution
accepting the low bid of Erickson Bros. Contracting, Inc. in the
amount of $30,815.00 for Frontier Trail Street Improvement. Resolution
seconded by Councilman Shulstad. The following voted in favor: Mayor
Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No
negative votes. Motion carried.
PROJECT 75-5:
RESOLUTION #75-52: Councilman Neveaux moved the adoption of a resolution
to delete the assessments against the Howard Verlo property, plate 188DO
and Vernon H. Peterson, plate 188DO and divide the whole assessment of
$9,871.44 against Gary D. Carlson, plate 189DO and Gary D. Carlson,
plate 191DO at an interest rate of 8% over a period of 13 years.
Resolution seconded by Councilman Kurvers. The following voted in favor:
Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No
negative votes. Motion carried.
DELINQUENT SEWER AND WATER BILLS:
RESOLUTION #75-53: Councilman Hobbs moved the adoption of a resolution
to assess the delinquent sewer and water bills as reflected on the
delinquency list submitted to the Council but less those that have been
paid since the preparation of the list. Resolution seconded by
Councilman Kurvers. The following voted in favor: Mayor Klingelhutz,
Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes.
Motion carried.
Regular Council Meeting November 17, 1975
-8-
WAHL AND WAHL MAINTENANCE CONTRACT: A motion was made by Councilman
Hobbs and seconded by Councilman Shulstad to approve the maintenance
contract at an annual fee of $86.24. The following voted in favor:
Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers.
No negative votes. Motion carried.
1
DOG LICENSE FEES: A motion was made by Councilman Shulstad and seconded
by Councilman Hobbs to set the fees for individual dogs regardless of
sex or condition at $3.50 per dog. The following voted in favor: Mayor
Klingelhutz, Councilmen Shulstad and Kurvers. Councilmen Hobbs and
Neveaux voted no. Motion carried.
A motion was made by Councilman Shulstad and seconded by Councilman Hobbs
to amend the motion to $5.00 for males and females and $3.00 for spayed
females and neutered males. The following voted in favor: Mayor Klingelhutz
Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes.
Motion carried.
Councilman Shulstad suggested the dog license fees be publicized in the
next City Newsletter.
1976 ANIMAL CONTROL CONTRACT: A ~otion was made by Councilman Shulstad and
seconded by Councilman Hobbs to approve the 1976 Animal Control Contract
as described by the Acting City Administrator. The following voted in
favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and
Kurvers. No negative votes. Motion carried.
POLICE DEPARTMENT AND FIRE MARSHAL: The Council would like to meet with
Sgt. Anding and Mark Littfin.
I
TASKFORCE MEETING: There is a Carver County Taskforce meeting November
18 at 8:00 p.m. at the Waconia Annex. The Acting Administrator will
attend.
COPY MACHINE: The Acting Administrator submitted a proposal from Xerox
Corporation. He is not satisfied with the Pitney Bowes machine. The
Council would like to compare the two machines before making a decision.
FULL TIME EMPLOYEE: A motion was made by Councilman Shulstad and seconded
by Councilman Neveaux to hire a girl full time from December 7 to
January 7 not to exceed $2.50 per hour. 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 adjourn. The following voted in favor: Mayor Klingelhutz,
Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes.
Meeting adjourned at 12:30 a.m.
ß~~~L I
Jerry Schlenk
Acting Clerk-Administrator