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1974 12 02REGULAR CHANHASSEN CITY COUNCIL MEETING DECEMBER 2, 1974 The City Council meeting of December 2, 1974, was called to order by Mayor Klingelhutz at 8:00 p.m. The following members were present: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Neveaux, and Kurvers. A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux to dispense with the Pledge to the Flag as the Flag was not in evidence. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Neveaux, and Kurvers. No negative votes. Motion carried. MINUTES: A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to approve the November 18, 1974, regular City Council minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Neveaux, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to approve the November 21, 1974, special City Council minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Neveaux, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the November 25, 1974, special City Council minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Neveaux, and Kurvers. No negative votes. Motion carried. ADMINISTRATOR: Mr. Loren Law was present to explain the procedure his firm uses in recruiting persons for jobs. The firm does not do the actual hiring but would present candidates to the City Council. The Council will set down specifications as to the type of person they want to hire. Mr. Law's firm will find the candidates, do sll the interviewing, acreening, and investigation before submitting candidates to the Council. The whole process may take two to three months. Mr. Law's fees are 20% of the first years salary plus expenses. Councilman Bennyhoff reported that he and Mayor Klingelhutz have reviewed the list of the top ten candidates from 1973. They have found five persons that are interested. It was decided to have a special Council Meeting to decide whether to interview candidates or hire Mr. Law's firm. HENNEPIN COUNTY PRECINCT: There are seven registered persons in this precinct. These people do not have the privacy in voting because there are only seven. The City Attorney will contact the Attorney Generals Office for a ruling. SCOTT ° CARVER RIDERSHIP IMPROVEMENT PROJECT: There will be a meeting Wednesday, December 4 at 7:30 p.m. in the Jonathan Development Conference Room at Jonathan Village Center. Henry Wrase will be asked to attend. CANVAS VOTES: A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to approve the Primary Election results from the November 30, 1974, State Senatorial Race as follows: Chanhassen City Council Minutes, December 2, 1974 Prec. #1 Richard Lyman 199 Al Klingelhutz 154 Sally deLancey 56 Roy Hasse 6 Robert Schmitz 41 Blank or Defective 11 467 The following voted in favor: and Kurvers. Mayor Klingelhutz Henn. Prec.42 Prec. 03 Cty. 98 66 0 45 100 2 9 8 0 2 0 0 4 11 0 11 6 0 169 191 2 Councilmen Hobbs, Bennyhoff, abstained. Motion carried. -2- Grand Total 363 301 7$ 56 28 829 Neveaux, NORDKOV: Howard Dahlgren, Midwest Planning and Research, and Dan Adams were present. The density on this project is nine units per gross acre. Mr. Dahlgren has presented the plan to the Chanhassen Chamber of Commerce. He stated they were favorable to it. Mr. Dahlgren presented an addendum to the booklet on Nordskov. He requested this addendum be attached to their application showing this is their intent for the development of the land. A motion was made by Councilman Neveaux and seconded by Councilman Bennyhoff to grant sketch plan approval on the entire 175 acres as delineated on the land use map of Nordskov of Chanhassen prepared by Midwest Planning and Research, Inc. dated July 1973 and revised November 1, 1974. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Bennyhoff. Councilman Kurvers voted no. Motion carried. Councilman Kurvers stated his reasons for voting no. 1. Proposed rezoning is not in the best interests of our City at this time. 2. The timing of this development creates a problem to the Metro Sewer Board and the City of Chanhassen. 3. All of the variety of plans presented to the Planning Commission in 2, years has never fully satisfied that commission in specified areas in density and type of structure of housing. 4. In another six to 12 months some type of plan could be acceptable. A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux to rezone the easterly 80 acres to P2 for a period of eight years from the date hereof as per addendum report dated November 1, 1974, and as shown on the land use plan submitted by Nordskov of Chanhassen and prepared by Midwest Planning and Research, Inc. dated July 1973 and revised November 1, 1974. At the end of eight years the Council reserves the right to down zone the 80 acre tract provided however that in the event sewer service is available to the premises within the eight year period that development shall be commenced to the Councils satisfaction within two years after municipal sanitary sewer is available to the premises. The following voted in favor: Mayor Klingelhutz, Councilmen Bennyhoff, Neveaux, and Hobbs. Councilman Kurvers voted no. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux to grant preliminary development plan approval of Phase I as shown on drawings of utility plan, landscape and dimensions plan, site plan, and grading plan all dated revised November 1, 1974, and as shown on land use plan of Nordskov of Chanhassen prepared by Midwest Planning and Research, Inc. dated July 1973 and revised November 1, 1974. Said Phase I consisting of a 12 acre parcel of FA r Chanhassen City Council Minutes, December 2, 1974 -3- land to be utilized for condominium residential purposes. Subject to the dedication of the roadways, the moving of the entrance way to the 12 acre parcel, the dedication of the park lands as shown on the sketch plan, submission and approval by the City Attorney of the condominium agreements and property owners association agreement and subject to such further conditions as the Council may add. The following voted in favor: Mayor Klingelhutz, Councilmen.Hobbs, Bennyhoff, and Neveaux. Councilman Kurvers voted no. Motion carried. STREET LIGHTING POLICY: Councilman Neveaux explained the proposed policy. Bernard Schneider, Central Business District Committee, stated that the committee felt that not all the charges for improving the street lighting should be assessed against the CBD because we do have street lighting now and any improvements on this project would not be entirely for the sole benefit of the business area. It will also benefit the consumer. The City Attorney suggested the Council could hold an advisory public hearing on the proposed policy. A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to table action until the Council has reviewed the present street lighting to determine what amount of lighting is public benefit and Carl Dale's report. The following voted in favor Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Neveaux, and Kurvers. No negative votes. Motion carried. VETERINARY CLINIC - SIGN VARIANCE: Dr. Ralph Molnau was present requesting a variance to the sign ordinance. This proposal has been before the CBD Committee and the Planning. The Planning Commission recommended approval of eight 2 x 10 foot canopy signs. A motion was made by Councilman Kurvers and seconded by Councilman Bennyhoff to grant a variance to allow eight 2 x 10 foot signs. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Neveaux, and Kurvers. No negative votes. Motion carried. BUESGENS OFFICE BUILDING - PHASE II: Mr. and Mrs. Bob Buesgens were present. A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to approve Buesgens Office Building Phase II subject to the screening of the mechanical equipment on the roof of the existing and new buildings, additional parking lot lighting and submission of the signed watermain easement to the City Attorney. The following voted in favor: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, and Neveaux. Councilman Hobbs abstained as he was not part of Phase I. Motion carried. COUNTRYSIDE REALTY - VARIANCE TO SUBDIVIDE LAND: William Gabler was present requesting permission to subdivide 6 acres in the area known as Knollway Estates on Lyman Blvd. to plant an apple orchard and grape vineyard. A motion was made by Councilman Bennyhoff and seconded by Councilman Hobbs to grant a variance to Ordinance 47, Section 2.01 and a waiver to Ordinance 33, Section 13.01. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Neveaux, and Kurvers. No negative votes. Motion carried. Chanhassen City Council Minutes, December 2, 1974 -4- MILO WEHKING - VARIANCE TO SUBDIVIDE LAND: This property is located on the east side of Audubon Drive south of its intersection with Galpin Blvd. Mr. Wehking has two homes on his property and would like to sell one. The Planning Commission has recommended approval. A motion was made by Councilman Kurvers and seconded by Councilman. Hobbs to grant a variance to Ordinance 45, Section 2.01 and a waiver to Ordinance 33, section 13.01. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Neveaux, and Kurvers. No negative votes. Motion carried. ARBORETUM: STREET LIGHT: The Arboretum is requesting a street light be installed at the intersection of State Highway 5 and Arboretum Drive. 1 A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux to approve the street light request. The operating cost of which to be paid for by the Arboretum until 50% of the area is developed. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Bennyhoff, and Kurvers. No negative votes. Motion carried. NO PARKING SIGNS: The Arboretum is requesting the City install "No Parking" signs along Arboretum Drive between State Highway 5 and the service entrance to the Arboretum. The Council wants a report from the police department on their recommendations and number of signs required. A motion was made by Councilman Neveaux and seconded by Councilman Bennyhoff to table action until the next regular Council meeting. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Neveaux, and Kurvers. No negative votes. Motion carried. MARIANA SHULSTAD: Craig Shulstad stated that neither one of us wants to create any ill will by the two of us serving simultaneously. Neither do we want to be open to charges of conflict of interest either real or imagined. For that reason Mariana has asked me to request that you accept her letter of resignation effective the end of December. A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux that the Council accept her resignation with regret. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Neveaux, and Kurvers. No negative votes. Motion carried. Councilman Hobbs stated "I do not feel there is any conflict of interest and I would have been more than willing to re- appoint her to the Planning Commission. I think it is very regretable." Councilman Neveaux stated "I agree with Councilman Hobbs." Mayor Klingelhutz asked the staff to write a letter to Mrs. Shulstad commending her for her faithful service during the past year and at sometime in the future we will call on her again. PLANNING COMMISSION: A motion was made by Councilman Bennyhoff and seconded by Councilman Hobbs to take the letters of resignation from Dan Herbst, Tim Stone, and Tom Gabbert under advisement and re- appoint them as of January 1, 1975, until suitable replacement can be found for each one. The following voted in favor: Mayor L [1 1 1 11 Chanhassen City Council Minutes, December 2, 1974 -5- Klingelhutz, Councilmen Hobbs, Bennyhoff, Neveaux, and Kurvers. No negative votes. Motion carried. MORATORIUM: A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to table discussion on the moratorium until after the Council receives imput from the new planner. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Neveaux, and Kurvers. No negative votes. Motion carried. SKATING RINK HELP: A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux to hire Jack Ernst at $2.50 per hour and also hire John Engelhardt for the holiday season at $2.50 per hour. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Neveaux, and Kurvers. No negative votes. Motion carried. MSAS 101: There is a meeting with the neighboring residents on Thursday evening December 5. Russell Larson will attend. A motion was made by Councilman Bennyhoff and seconded by Councilmen F bbs to djour . The following voted in favor: Mayor Klingelhutz, unci Hob Bennyhoff, Neveaux, and Kurvers. No negative votes. io rie Mg�eang adjourned 11:30 p.m. CWdrX- Administrator