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1984 09 10 I I I REGUlAR CHANHASSEN CITY COUNCIL MEETING SEP~iR 10, 1984 Mayor Hamilton called the meeting to order. The meeting was opened the meeting with the Pledge to the Flag. Members Present Councilman Horn, Councilman Geving, Councilwanan Watson Members Absent Councilworran SWenson Staff Present Don Ashworth, Bill r-bnk, Barbara Dacy, Jim Castlererry APPROVAL OF AGENDA: Councilman Geving rroved to approve the agenda as presented with the addition of discussion on the Community Development Director position. Motion seconded by Councilwanan Watson. The following voted in favor: Mayor Hamilton, Councilwanan Watson, Counci1.Iren Horn and Geving. No negative votes. Motion carried. CONSENT AGENDA: Councilman Geving requested that item lc (Set 1984 Election Judge Salaries) be rerroved from the consent agenda for discussion. Councilman Horn Iroved to approve the consent agenda pursuant to the City Manager's recarmendations: a. A'i'end August 6, 1984, Council minutes regarding IDt 26, Block 1, Red Cedar Point. b. Zoning Ordinance Arrendrrent, r-bving Used Buildings into or wi thin the City. Final Reading. d. Arrendrrent to Lake Region Mutual Aid Association. e. Zoning and Subdivision Ordinance, Contract, City Attorney. Motion seconded by Councilwanan Watson. 'llie following voted in favor: Mayor Hamilton, Councilwanan Watson, Counci1.Iren Geving and Horn. No negative votes. Motion carried. PUBLIC HEARING PROPOSED USE OF 1985 FEDERAL RE.VENUE SHARING FUNDS Mayor Hamilton called the hearing to order. Mayor Hamilton - I would ask at this time for any ccmrents fran the audience that would like to discuss the Federal Revenue Sharing Funds. There being none I would like to ask Don Ashworth to read the following statement. Don Ashworth - A copy of the proposed 1985 City of Chanhassen Budget is available for public inspection. Included in the budget are proposed uses for Revenue Sharing Funds anticipated to be received in 1985. The budget anticipates receiving $60,850 in 1985. The proposed uses of these funds are fire equipment $19,350 and street naintenance naterials $20,000. Not included is an unappropriated fund balance of $46,347.00. Persons desiring to state how these funds should be expended nay do so this evening or at any time prior to Octorer 1st. Such being the official date selected by the Chanhassen City Council for action on the 1985 Budget. Mayor Hamilton - Once again if there are any comnents on the Federal Revenue Sharing Funds for 1985? Council ~2eting September la, 1984 -2- Councilman Geving rroved to close the public hearing. MJtion seconded by Councilwanan Watson. The following voted in favor: Mayor Hamilton, Councilwanan Watson, Councilmen Horn and Geving. No negative votes. MJtion carried. PUBLIC HEARING EASEMENT VACATION RFJJUEST, V1CATE A 6 FOOT illILITY EASEMENT ON IDT 1, BIOCK 2, PARK 'IWO, UNITED MAILING, INC. I Mayor Hamilton called the hearing to order. Julius Smith was present. Councilman Horn - I noticed that at the end of the parking lot there is a little bit of a run-off area. It looks like there is just dirt behind it and it would have a potential to wash out, is that a problem for us or is it just a problem for the owner? Bill MJnk - The only problem with the drainage system on this property would be a private one and it looks like kind of a surrp hole at the edge of the existing parking area that is their maintenance responsibility and that's going to be enlarged as a part of their expansion proposal. Councilman Horn rroved to close the public hearing. MJtion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwanan Watson, Councilmen Horn and Geving. No negative votes. MJtion carried. EASEMENT VACATION RFJJUEST, IDT 1, BID::K 2, PARK 'IWO: RESOLillrON #84-49: Mayor Hamilton rrovedtl1e adoption of a resolution approving the easerrent vacation request to vacate a six foot utility easement located on Lot 1, Block 2, Park 'I\-.u Subdivision. Resolution seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilrren Horn and Geving. No negative votes. MJtion carried. I PUBLIC HEARING EASEMENT VACATION RFJJUEST, VACATE A 20 FOOT ROADWAY EASEMENT ON OUTIDT A, SARA'ltX3A FIRST ADDITION Mayor Hamil ton called the hearing to order. Tan Klingelhutz, Pat and t-bna Kerber were present. Mayor Hamilton - Is there anything worked out between both parties? Mona Kerber - We have nothing. Tan Klingelhutz - We want to have a carrnitment fran you on the vacation before I go and spend a lot of rroney on surveying. Don Ashworth - I did talk with the Kerber's attorney. I assured him that the Council would not act until after Tan had corrpleted certain things. What I stated to Mr. Kelly was, you de have a chicken and egg situation. It is not reasonable to think that Mr. Klingelhutz will canplete the driveway improvements if he doesn't know that the street would be vacated and that our recarrnendation on this was that if it was agreeable to everyone to approve it with the condition that Mr. Klingelhutz would in fact canplete all of the things that he has stated he would complete before that decurrent was filed with the county so that it will not be offi- cial until after Tan has canpleted the work he has said that he would do. That's what I suggested to Mr. Kelly. I sent him a copy of the report. I I I I' Council Meeting September 10, 1984 -3- M::ma Kerber - No, you did not send him a copy. We gave a photostatic copy of ours. Councilman Geving - I think we can rrove ahead with the vacation so that we will rrove off the center of this thing and then it will be between you people to get your acts together and carry out your agreement and then if it isn't worked out to either of your satisfactions it has to come back to the City Council. Pat Kerber - We are sitting in a situation there, if they are going to vacate the street I want a street coming in first. Tan Klingelhutz - I will build your street. I just want a finn canni.tment. Mona Kerber - Mr. Kelly had told us that up until Mr. Klingelhutz came up and surveyed to our specifications we were not going to accept anything and there has been nothing surveyed. We have no land description in our hands and I believe if you recall we so stated that we have title of the land but we were going to exchange. Councilwcxnan Watson IOClVed to close the public hearing. M:>tion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwanan Watson, Councilmen Horn and Geving. No negative votes. M:>tion carried. EASEMENT VACATION, OUTIDT A, SARA'IDGA FIRST ADDITION: RESOLUTION #84-50: Councilman Geving IOClved the adoption of a resolution vacating the 20 foot roadway easerrent on Outlot A with the stipulation that this will not be becane final until Mr. Klingelhutz has carried out the driveway construction. Resolution seconded by Councilwanan Watson. The following voted in favor: Mayor Hamilton, Councilwanan Watson, Councilmen Horn and Geving. No negative votes. M:>tion carried. RE-ROOFING FIRE STATION #1: Councilwanan Watson IOClVed to accept the low bid fran Allweather Roof Carpany in the arrount of $17,025.00 to re-roof Fire Station #1. M:>tion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwanan Watson, Councilmen Horn and Geving. No negative votes. M:>tion carried. MINUTES: Councilman Geving rroved to approve the August 20, 1984, Council minutes. Motion seconded by Councilwanan Watson. The following voted in favor: Mayor Hamilton, Councilwcxnan Watson, Councilmen Horn and Geving. No negative votes. M:>tion carried. Councilman Horn IOClved to note the August 27, 1984, Public Safety Carmission minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwcxnan Watson, Councilmen Horn and Geving. No negative votes. M:>tion carried. FINDINGS OF FACT, ID'IUS IAKE BEACHIDT IMPROVEMENT: Mayor HamIlton - As you recall we had asked Roger to put in writing what it was that we had discussed that evening to that we could review it. Don Ashworth - I can't recall on that evening if you had actually closed that hearing or not. I know that you had asked the Attorney to draft up these findings and whether or not you are going to receive additional cooments or not, I am not sure of. I believe Mr. Beck is here and would like to speak. Councilman Geving - It was a final action. There was no continuation. There are a few things here that have to be cleaned up. Peter Beck - I did ask of the Council whether I would have an opportunity to carment on the findings. I would just like to note our exceptions to findings 6-10 which, we feel, are inconsistent with evidence that was in front of the Council. To just go through them briefly one by one, #6 we feel we showed that there are indeed special circumstan- Council Meeting September 10, 1984 -4- ces and conditions affecting this Outlot B where you need a piece of property in this City canpletely unique recreational beachlot and #7 once again we presented evidence in the fonn of my presentation with respect to the enjoyment, the variance being necessary for preservation and enjoyment of property rights of those people in Lotus lake Estates. I With respect to #8, I don't recall any evidence whatsoever to the effect that the water quality of Lotus lake is poor mu::h less that this is due in part because of overuse nor any evidence with respect to overuse creating safety problems and making it difficult for anyone to en joy the lake. As we pointed out it's been impossible for the homeowners and citizens of Chanhassen who live in Lotus lake Estates to enjoy the lake at all due to their inability to get any reasonable access to it. With respect to #9, we feel that's inconsistent with the purpose of the Beachlot Ordinance. '!hat the variances would be consistent and perfectly appropriate. Number 10, I have no idea which sections of the comprehensive plan are being referred to but we don't believe the proposals are inconsistent. At the last meeting there was a question raised by at least one Council members as to whether the folks in Lotus lake Estates would be satisfied if they had what everyone else had. In other words just one dock and only five boats and that's all, without restrictions as to whether they were :crotorized or non-m:>torized. We have called a meeting of the association to discuss that and other issues. The bylaws pro- vide a 30 day notice period for that meeting so it can't be held until September 20th. An informal poll has indicated that that type of a resolution probably avoid a lawsuit which is apparently going to be inevitable if the Council's action is as it was on the 20th. '!hat lawsuit, quite frankly, will challenge the ordinance directly and I have advised the association and I feel confident in that advice, that the ordinance will be stricken as being unconstitutional in it's different treatment of similar situated owners. I also believe it goes beyond the authority of the City granted by the Shoreland Use Statute and the Shoreland regs. of the DNR. The City can regulate the location and length of docks, these sorts of things. 'll1ere isn't any express authority to regulate overnight storage of watercraft and the Supreme Court in an opinion just I last week involving the City of Orono very narrowly construed those statutes and those DNR regs. and did not penni t Orono to put a second layer of regulation on top of DNR' s wi th respect to dredging for a dock and the access to a dock. I do believe the ordi- nance will fall. It will cost everyone a lot of :croney to have the question resolved and it looks like it could be avoided if these people just were granted what every other lakeshore owner in the City is entitled to, one dock, five boats with or without :crotors. Councilman Geving - 'll1e very first paragraph, I don't know of an Outlot 13. Peter Beck - It must be Outlot B. Councilroan Geving - 'll1e Findings of Fact, it seems to me there should be a lc added to include :rrooring of sailboats. Mayor Hamilton - We approved the :rrooring of sailboats. These are the items that there is sane question about. Peter Beck - The theory is it never reached the Council. Councilman Geving - If that is the contention on that I will withdraw that as a comment. You are right it never did get to the Council. At the top of page 2, four boat racks. The pennit and agreement as amended allows: a sand beachlot swim area, a Pedestrian walkway, four boat racks. I believe that should be reworded to say four canoe racks. Peter Beck - I think when they went around with this before they changed it fran canoe I to boat to pennit a small sailboat to be stored on those racks. Councilroan Geving - I think you are correct on that. Mayor Hamilton - It should be reworded to four canoe/small boat racks. I I I Council Meeting September 10, 1984 -5- IX>n Ashworth - I'll just verify that the wordage in the conditional use will be exactly the saI'Ce. Councilman Geving - I did find the comment in item 8, I don't recall that evening on August 20th talking about the water quality of Lotus Lake. I personally would like to strike the sentence '''Ihe water quality of Lotus Lake is poor in part because of overuse" . Mayor Hamilton - I think we have discussed water quality but I am not sure we would be able to prove it's because of overuse. Councilman Geving - The only other C<XIIrent that I have is the one that Peter brought up too and that is "'Ihe proposals are inconsistent with the city's corrprehensive plan" if they are I think they should be spelled out serrewhere. Councilman Horn - I think serre of the carments in here while they may not have been spe- cifically addressed on the evening of the 20th were definitely the thoughts of the people who put the ordinance together and our general knowledge of the people on the Council, the overuse of the lake and the safety factors are well known. We may not have verbalized those that evening but were certainly in our consideration. Councilman Geving - My carments as I wrote them to myself, I would like to have item 8 explaineu. rrore fully. I just feel that eight should be rrore full in detail. Councilman Horn - Then I feel it's necessary for us to bring in all of the discussions and minutes--c;r-the previous conditional use pennit. Sane of these things were discussed at the time of the application for the original conditional use pennit. Mayor Hamilton - Those two items have been discussed continuously every time we talk about water surface usage. Councilman Geving - I guess it's difficult to separate in my mind the findings and deci- sions of this paper fran the minutes that we read here earlier. They have to go hand in hand. I can't read this decurrent without looking at the minutes. This docurrent is not complete unless we attach it to the record. Councilman Horn - And previous minutes fran other conditional use pennit applications because those statements are still relevant Councilman Geving - I as a Council member has 'never been intimidated by a lawsuit and I don't believe any member of the Council has ever been intimidated by the thought of a lawsuit. That's a fact of life. We get a surrmons once a rronth as a Council person. That's the way we live. Just to let you know if we can work out a negotiation at serre future date that's sorrething between the Council and your association. IX>n' t try to use it as a threat to us. Peter Beck - I don't mean to use that to intimidate you or the Council and it's not a threat~t's a fact. I think this Council knows that neither I nor my office does cane into this Council and make empty threats to the Council about bringing lawsuits. We evaluate d situation like this as objectively as we can so that we can give our clients the best advice and I am telling you that our advice is that that ordinance in its une- qual treatment of similarly situated PeOple is unconstitutional and I don't mean to intimidate you by saying that but I think the Council's experience has been that when we do take a position and do recorrm:nd to a client that they pursue it through a lawsuit general 1 have been vindicated in our positions. We don't bring frivolous lawsuits and we don't make empty threats and we are not in this case. council Meeting September 10, 1984 -6- Councilman Horn - Are your clients aware that this ordinance has been reviewed by both our previous City Attorney and our current City Attorney and they agreed that it is constitutional. Peter Beck - I don't know that that fact is in the record and I don't know whether it is true. -rkn.ow the City Attorney was never asked in connection with this application. I haven I t had a chance to review those minutes. In fact I just got this resolution when I came in the door tonight. I would like to reserve the right or at least let the Council know that I may, upon review, object to the minutes and their explanation of what hap- pened. I don It know that that would be true. Generally the minutes here are very good but I don't want you to get an impression that I have reviewed them and I don't have any objection to them. Mayor Hamilton - certainly the rrost desirable position to be in is one where we both reach an agreement. I still think we can do that without going to court but I also think if we get in a position of a stalemate where we are not going to be able to reach an agreement often tines the best place to settle it is in a court. Peter Beck - We have cane here tonight having informally polled the members and they indicate that if the Council were amenable that may be a solution just equal treatment, one dock, five boats. Mayor Hamilton - We discussed that that evening but that's not sanething we are going to discuss this evening. I think it is sanething we should talk about. Peter Beck - I am not sure that we have any option for next step other than going to court.--rf there is I would like to know what it is because I am not anxious to spend any rrore mney than we have to. Mayor Hamilton - I think perhaps you and I and Don and some members of the association can sit down and talk at least once rrore prior to your taking action. I have a couple of ideas myself I would like to talk about. Peter Beck - Let's try to fit that in before the 20th so we have sanething to present to the association. Councilwonan Watson - I would like to have an opportunity to discuss the issue of the beach lots being treated as simply a piece of riparian lake property that hapPenS to belong to 40 PeOple instead of one and just how that can be handled. Peter Beck - I would definitely adopt an ordinance that regulates in a reasonable way the use of the beachlot. I don't think a boat for every house or anything like that that you are going to have to have huge marinas on beachlots but I think the regulation has got to account for the size of the lot, the number of hanes served, take into con- cern a variety of factors and not just the rigid prohibition on overnight storage which falls so unevenly on these PeOple. Don Ashworth - The formal procedure, I guess you have a couple of options, 1) is simply to table this item, 2) would be to literally wait the six rronth period of time to cane back in for another conditional use permit. The third approach would be a letter fran you to the Council requesting reconsideration on this item. I I Mayor Hamilton - It's not really a reconsideration or waiting six mnths because there I may be sane new things that we want to discuss. For instance, asking for a dock with five boats. '!hat wasn't part of the original request. Councilman Geving - Any tine we get sane new information, sane new proposal I think you do have a right to cane to us and have heard. I I I Council Meeting September 10, 1984 -7;.. Peter Beck - The problem with that is the costs are just getting so prohibitive to hire Ire to cane out here again. I will be happy to rreet and if you want to table it but to start the whole process over with a different proposal is going to be al.mJst as expen- si ve as going ahead the other way. Don Ashworth - I will put the question to Roger. I am pretty sure what his response will be and that is you have notified PeOple of the request for the conditional use per- mit and have allowed PeOple to speak on that issue. If whatever evidence cares in or based on what you hear, etc. if you can make a decision, in other words if you can rrodify what was originally said to other PeOple. Peter Beck - You can always grant less. Don Ashworth - I don't think we should call this totally over though. What you are doing is still considering the position that was presented on August 20th. Peter Beck - You can't go beyond what has been noticed. In other words you couldn't grant 15 boats or three docks but you can always go less because people are on notice of the worst case. Councilroan Geving - We could approve the findings of fact here as it was stated and that rrore of less takes care of the August 20th issue. We denied the variances. Our attor- ney has cane back with a findings of fact, a surrmarization of that rreeting, and that is what this is and all we have to do is approve this synopsis and as far as I am concerned August 20th is a dead issue. If the applicants want to cane back with a new issue I am willing to listen to it. Peter Beck - We can't do it for a year. Councilroan Geving - We are willing to look at any issue at any titre. Don Ashworth - Under your ordinance once you close out an issue it's not to cane back up. You have two options, you can table it or go through reconsideration. I think we will have a problem if you vote on this item and close it out. Councilroan Horn - I would also like to have an opinion fran our attorney as to relevance of the case versus our ordinance that Mr. Beck has stated this evening. Mayor Hamilton rroved to table action. r-btion seconded by Councilwanan Watson. The following voted in favor: Mayor Hamilton, Councilwanan Watson, Councilrren Horn and Geving. No negative votes. r-btion carried. 1985 POLICE CON'lRACT: Mayor Hamilton rroved to approve the 1985 police contract for 18 hour service. r-btion seconded by Councilroan Geving. The following voted in favor: Mayor Hamilton, Councilwanan Watson, Councilrren Horn and Geving. No negative votes. Motion carried. 1984 AUDIT CON'lRACT: Mayor Hamilton rroved to approve the 1984 audit contract with Voto, Reardon, Tautges & Co. r-btion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwanan Watson, Councilrren Horn and Geving. No negative votes. r-btion carried. Councilroan Geving stated his concern about the recaI'lrendations that were made to the city in the Managerrent Report of 1983 and would like a updated report. FIRE RELIEF ASSCCIATION, FINALIZE BYlAWS: Jerry Schlenk and Jack Kreger were present. Councilroan Horn rroved to approve the 1985 Relief Association package {3.s reC<Xrl:Ile{lded by Jim Castleberry. r-btion seconded by Councilwanan Watson. TJ:1e followl.ng vQted l.~favor: Mayor Hamilton, councilwanan Watson, Councilrren Horn and Gevl.ng. No negatl.ve vo s. Motion carried. Council Maeting Sept.ernrer 10, 1984 -8- ORDINAOCE AMENDMENT, PUBLIC SAFETY cx:M-1ISSION ORDINAOCE, FIRST READING: Councilman Geving moved to place on first reading an ordinance establishing a Public Safety Liaison Carmission. fution seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomm Watson, Councilmen Horn and Geving. No negative votes. fution I carried. COUNCIL PRESENTATIONS: HOUSING AND REDEVEIDPMENT AU'IHORITY DISCUSSION, MAYOR HAMIL'lON: Mayor Hamilton relayed the following points asking that the City Manager prepare these for presentation to the BRA and for response by the City Attorney: The agendas of both the City Council and BRA have been relatively light. Councilmm Horn noted that the BRA has only met three times this year with meetings often being rescheduled or cancelled. Separate agendas, staffing, etc. are maintained for each group. Most of the information presented to one group is, through courtesy, presented to the other group. The question posed by the Council is "does this make sense"? Should not the City Council consider acting as the BRA until such time as workloads would necessitate separate organizations. This is a policy issue that the Council/BRA will have to resolve. In discussion the item, the Mayor noted that there was no intention to attempt to rerrove any existing persons on the BRA. In fact, if there was a strong conviction by members to continue to serve, their desires should be highly considered. On the other side of the coin, if they s~larly see a duplication of services, the issue should be further pursued. Herein lies the question: Can the Council act as the Housing and Redevelopment Authority? How could the change be made? What other legal procedures would be required to effectuate this action? I CONTRAC'lOR'S YARDS LEITER AND SURVEY: Councilman Horn moved to direct the City Planner to send letters and include the waiver of the $150.00 fee for 30 days fran the date of the letter. fution seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwanan Watson, Councilmen Horn and Geving. No negative votes. Motion carried. SOLID WASTE INITIATIVES: Bill Monk - The Council now has finished with their landfill siting process and I think the new Chairperson of the Metropolitan Council has brought a major initiative or item before that Council. '!hey are having a lot of meetings on abatement and they seem to be serious about this approach. I thought the Council may want to consider going after this thing and writing a letter fran the Council to the Chairperson saying that they fully support this effort if that's the way the Council wishes to go. They are getting serious about it and I really think this is more than just talk. They are going to make sane quick moves here in the next year or two. Councilma.u Horn - I think that's a good idea. Mayor Hamilton - I think the waste reduction and source seParation is really irrportant and should be started and that should actually started first. Councilman Geving - You know what canes before that though, education. You have to con- I dition people to waste separation. Mayor Hamilton - '!hat has to. I I I Council Meeting September 10, 1984 -9- Councilman Horn - We could approach it by a different way if we had our own City garbage hauling. We could make incentives there. 1984 ELOCTION JUDGE SALARIES: Councilman Geving ID:>ved to set the salaries at $4.00 per hour and furnish meals. r-btion seconded by Councilwanan Watson. '!he following voted in favor: Mayor Hamilton, Councilwanan Watson, Councilmen Horn and Geving. No negative votes. r-btion carried. Councilwcxnan Watson ID:>ved to adjourn. r-btion seconded by Councilman Horn. '!he following voted in favor: Mayor Hamilton, Councilwanan Watson, Councilmen Horn and Geving. No negative votes. r-btion carried. Don Ashworth City Manager