1974 12 16CHANHASSEN CITY COUNCIL MEETING DECEMBER 16, 1974
The December 16, 1974, regular Council meeting was called to order at 8:00 p.m.
by Mayor Klingelhutz. 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 formalities. 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 Bennyhoff and seconded by Councilman
Kurvers to approve the December 2, 1974, 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 December 9, 1974, City Council minutes. The following voted in favor:
Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Kurvers, and Neveaux. No negative
votes. Motion carried.
The Administrator, City Attorney, City Engineer, and Dan Herbst were asked to be
present for the interviews for the position of Administrator on December 17.
A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux to
note the November 26, 1974, Planning Commission minutes. The following voted in
favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Kurvers, and Neveaux. No
negative votes. Motion carried.
BILLS: A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux
to approve all bills as submitted. The following voted in favor: Mayor
Klingelhutz, Councilmen Hobbs, Bennyhoff, Neveaux, and Kurvers. No negative votes.
Motion carried.
LOWELL CARLSON - GARAGE: Mr. Carlson wants to build an "L" shaped garage 60 x 48 x 26
feet wide with four 8 foot overhead doors. Part of the garage will be used for shop
area. The six acres are zoned R1A. Mr. Carlson installs sewer and water lines.
The City Attorney stated he does not think it is the proper use in an R1A District.
It is not an agricultural or residential use. The Council could issue a building
permit with certain stipulated conditions such as it will be used only for the
storage of passenger vehicles and recreational equipment used for.personal pleasure
and enjoyment. r
A motion was made by Councilman Bennyhoff and seconded by Councilman Hobbs to direct
the City Attorney draft a permit with the stipulations as discussed and a completion
date of November 1, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen
Hobbs, Bennyhoff, Kurvers, and Neveaux. No negative votes. Motion carried.
CARVER BEACH BOAT LANDING: The Carver Beach Association has requested the City
Council open the boat landing for winter ice-
_fishing.
A motion was made by Councilman Neveaux and seconded by Councilman Bennyhoff to open
the Carver Beach Boat Landing for use in the winter time until March 1, 1975. The
following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Kurvers,
and Neveaux. No negative votes. Motion carried.
HESSE FARM PUD -1: Harold Hesse, Herb Baldwin, and Frank Berg were present asking
for preliminary development plan and plat approval and rezoning. The preliminary
plat deals with the land east of Bluff Creek Drive and north of the railroad right -
of -way.
City Council Minutes, December 16, 1974 -2-
The City Attorney stated that if the Council approves the preliminary plat variances
will be needed on the length of the cul-de-sacs, both are in excess of 500 feet.
The lot sizes in square feet should be shown. Side yard and rear lot utility
easements should be shown. The private roads will be bituminous surfaced. There
will be a property owners association to own and govern the common areas. The
City Attorney requested the developer show on the preliminary plat the common areas,
separate from the area shown as park. The City Attorney recommended adding the
following to Article 6, section I of the declaration of conditions covenants
and restrictions: The City of Chanhassen, its agents and employees shall have the
right of a non - exclusive easement for ingress and egress over the private roads,
common areas, and pedestrian easements for the purpose of providing governmental
services deemed necessary by it for the public health, safety, and welfare.
He also recommended adding the following to Article 6, section 4 of the declaration:
The foregoing provisions of Section 4 shall not be construed to impair in any manner
the rights of the City to acquire said private roads or common areas for public
purposes.
Carl Dale, City Planning Consultant, stated "it is our feeling the applicant has
attempted to meet all of the conditions that we brought to him. All documents
can be put in order at the staff level and be brought back to the Council." A
pre -plat plan has been submitted showing how Phase I lots could be re- subdivided
at a later time.
A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux to
approve the preliminary development plan and proposed rezoning to R1 of the Hesse
Farm Plan 2 dated December 16, 1974, Proposed preliminary development plan and
preliminary plat and proposed rezoning to R1 subject to the acceptance of a
contract being drafted with the developer. A variance be granted for the length
of the cul -de -sacs and a variance to the Subdivision Ordinance prohibiting the
placement of lots abutting major thoroughfares namely Bluff Creek Drive. The
following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Bennyhoff, Neveaux,
and Kurvers. No negative votes. Motion carried.
A motion was made by Councilman Bennyhoff and seconded by Councilman Kurvers to
grant sketch plan approval to the Hesse Farm as shown on Plans 1 and 3 dated
December 16, 1974, depicting the utilization of that land for single family
residential purposes without any commitment on the part of the Council as to the
location of the lots, there sizes or the road layouts and the other physical amenities
shown on the plans. The following voted in favor: Mayor Klingelhutz, Councilmen
Hobbs, Bennyhoff, Neveaux, and Kurvers. No negative votes. Motion carried.
1975 CITY EMPLOYEES SALARIES: A motion was made by Councilman Bennyhoff and seconded
by Councilman Hobbs that the City follow the schedule of salaries for City employees
for 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,
Bennyhoff, Neveaux, and Kurvers. No negative votes. Motion carried.
HORSE ORDINANCE: Four persons were present from the Horse Ordinance Committee.
Craig Mertz of the City Attorney's office commented on the differences between the
proposed ordinance And the ordinance prepared by the City, Attor ey's office.
1. The proposed ordinance requires a one time fee be paid to t City.
The Attorney's draft calls for a yearly fee.
2. The Attorney's draft did not allow riding on public rights -of -way or public
streets. The proposed ordinance would permit such use.
3. The PCA suggests a minimum of 12 acres for a horse. The proposed ordinance
permits 1 acre.
4. The deposit of expense money to defray the City's expense of inspecting the
premises has been deleted from the proposed ordinance.
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City Council Minutes, December 16, 1974 -3-
5. He recommended the City incorporate by reference the PCA regulations on feedlots
and water quality.
6. Section 12 of the proposed ordinance provides for a $100 fine. The Attorney's
office recommends this be raised to $300 to be consistent with State Law and
City Ordinances.
7. The Council will have to make a policy decision on Section 1 - O, - Existing Stables.
The proposed ordinance will be discussed at a later Council meeting. Council members
would like copies of the letter from the Horse Ordinance Committee signed by Dwight
Leatham.
Councilman Hobbs left the meeting.
MINNESOTA STATE HIGHWAY DEPARTMENT: Preliminary plans for the improvement of the
intersections of State Highways 5 and 41, Highway 5 and Arboretum Drive, and Highway
5 and CSAH 117 were submitted by the Highway Department also a resolution for Council
approval of the plans.
A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to adopt
the resolution and add the following to the last paragraph: on the condition that
required traffic signals become a part of this project as indicated on layout 2
copy 4. The following voted in favor: Mayor Klingelhutz, Councilmen Bennyhoff,
Kurvers, and Neveaux. No negative votes. Motion carried.
RESOLUTION REQUESTING TECHNICAL ASSISTANCE - MSHD: A motion was made by Councilman
Neveaux and seconded by Councilman Kurvers to authorize the resolution requesting
technical assistance from the State Highway Department. The following voted in favor:
Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, and Neveaux. No negative votes.
Motion carried.
SANITARY SEWER SERVICE - AMERICAN LEGION: It was decided to ask members of the Legion
attend a Council meeting to discuss the sewer proposals.
HOUSING POLICY 31 CRITERIA: Bruce Pankonin discussed the Housing Policy 31 Criteria
and the ran ing of Chanhassen. He felt the City should respond to the Metropolitan
Council's letter of December 2, 1974. The Council recommended Mr. Pankonin prepare
a letter for the Metro Council and present it to the City Plarl'ing Commission at
their December 18 meeting.
UTILITY RATE COMMISSION: A motion,was made by Councilman Neveaux and seconded by
Councilman Bennyhoff to adopt the Joint and Cooperative Agreement and join the
Suburban Rate Authority prior to January 1; 1975. The following voted in favor:
Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, and Neveaux. No negative votes.
Motion carried.
Councilman Neveaux moved for the adoption of a resolution to authorize participation
in the Suburban Rate Authority. Mayor Klingelhutz will become the Council designated
director and a member of the City Administrative staff will be the alternate. Resolution
seconded by Councilman Bennyhoff. The following voted in favor: Mayor Klingelhutz,
Councilmen Bennyhoff, Neveaux, and Kurvers. No negative votes. Motion carried.
GAS RATE INCREASES: The Council tabled action on this until the first meeting in
January.
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CIGARETTE LICENSES: A motion was made by Councilman Bennyhoff and seconded by
Councilman"Ne '
veaux to approve all Cigarette License Applications paid before January
1, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Bennyhoff,
Kurvers, and Neveaux. No negative votes. Motion carried.
City Council Minutes, December 16, 1974 -4a
A motio v s ma � by Councilman Bennyhoff and seconded by Councilman Neveaux to
adj o OW oted in favor: Mayor Klingelhutz, Councilmen Bennyhoff,
Kury e au o negative votes. Meeting adjourned at 12:05 a.m.
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q- r Administrator