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1984 10 01 I I I ("> ;"., RmUIAR CHANHASSEN CITY' COUN::IL MEETING OC'IDBER 1, 1984 Mayor Hamil ton called the rreeting to order. '!he rreeting was opened the rreeting with the Pledge to the Flag. Members Present Councilman Horn, Councilman Geving, Councilwoman Watson Councilwoman Swenson staff Present Don Ashworth, Bill M::mk, Barbara Dacy, Roger Knutson, Scott Martin APPROVAL OF AGENDA: The following items were deleted fran the Agenda as they appeared before the Board of Adjustments and AI;:peals prior to the Council rreeting. 1. Front Yard Setback Variance Request, 6699 Hopi Road. 2. Proposed Sunnyslope Addition Beachlot, Lot 37, Shore Acres. 3. Side Yard and Shoreland Management Variance Request, 469 Pleasant View Road. 4. Front Yard and Lot Area Variances, 420 Flying Cloud Drive. 5. Side Yard Variance Request, 3735 South Cedar Drive. Councilwanan Watson roved to approve the agenda as presented with the following addi tions: Kiowa Trail and Assessm=nt Services, Carver County. M:>tion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, CouncilW<J1ren Watson and Swenson, Councilmen Horn and Geving. No negative votes. M:>tion carried. CONSENT AGENDA: Item Ib (Certification of Delinquent utility/Diseased Tree Accounts) was rerroved fran the consent agenda. Mayor Hamilton roved to approve the following consent agenda items pursuant to the City Manager's recarmendations: a. Final Plat Approval, Orchard Hills Addition (Waldrip's Addition, Outlot A). c. An Ordinance AIrending the Shoreland Management Ordinance, Reclassification of Lotus Lake, Final Reading. d. AIrendrrent to the Ordinance Establishing the Public Safety Carmission, Final Reading. e. Set Special Meeting Date, Joint HRA/City Council Meeting October 16. Motion seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton, Councilwanen Swenson and Watson, Councilmen Horn and Geving. No negative votes. M:>tion carried. PUBLIC HEARING 1985 MUNICIPAL BUDGET INCLUDING PROPOSED USES OF FEDERAL REVENUE SHARING FUNDS Mayor Hamilton called the hearing to order. There being no carments fran the public, Councilman Geving roved to close the public hearing. M:>tion seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton, Councilwc:m=n Swenson and Watson, Councilmen Horn and Geving. No negative votes. M:>tion carried. 1985 BUDGET IOCLUDING USES OF FEDERAL REVENUE SHARING FUNDS: RESOLurION #84-53: Mayor Hamilton roved the adoption of a resolution adopting the 1985 Budget, the 1985 Federal Revenue Sharing Budget, Establishing Tax Levies for 1985, and Adopting a 1984 Revised Budget. Resolution seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwc:m=n Swenson and Watson, Councilmen Geving and Horn. No negative votes. M:>tion carried. "-'., L~~ <:.) Council Meeting October 1, 1984 -2- PUBLIC HEARING S'lREET VACATION OF A PORTION OF WESTERN DRIVE RIGHT-OF-wAY, CARVER BEACH Mayor Hamilton called the hearing to order. There being no one present fran the I public, Councilman Geving roved to close the public hearing. fution seconded by Councilwanan Watson. The following voted in favor: Mayor Hamilton, Councilwanen Swenson and Watson, Councilmen Geving and Horn. No negative votes. fution carried. STREET VACATION, PORTION OF WESTERN IRIVE RIGHT-OF-wAY: RESOLurION #84-54: Councilman Geving roved the adoption of a resolution vacating 20 feet of unimproved Western Drive right-of-way under Street Vacation Request 84-4. Resolution seconded by Councilwanan Watson. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. fution carried. MINUTES: Mayor Hamilton roved to approve the September 10, 1984, Council minutes. Motion seconded by Councilwanan Watson. The following voted in favor: Mayor Hamilton, Councilwanan Watson, Councilmen Horn and Geving. Councilwanan Swenson abstained. No negative votes. fution carried. Councilwanan Watson roved to approve the September 24, 1984, Council minutes. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwanen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. REQUEST 'IO ESTABLISH ~ WILDLIFE MANAGEMENT AREA, 230 1CRES IN 'IHE MINNESOTA FIVER BJTIOMS, DNR: Jon Parker - We have an opportunity to buy aoout 230 acres in the river oottans west I of 169 and south of 212. It would be designated as a State Wildlife Managanent Area and as such we would hope that it would be open to the public hunting and trapping. It will be purchased with license revenues fran hunting and trapping. I have been instructed to get the feeling of the Council as far as the continuance of public hunting and trapping in that area and possibly to get your ordinance amended to waive the permit requirements in that area. I guess I should explain what goes on in a wildlife managerrent area. I have a few copies of the regulations. Hunting, trapping would only be during the open season for whatever animals are open. Unprotected animals could be taken only fran September 1st to the last day of February so it's not going to be an open area where saneOOdy can just do whatever they want. There is no target shooting or trap shooting or anything like that. No camping. Essentially there is not much allowed down there except just wondering around and hunting and trapping during the season. We won't have developed facili- ties like campgrounds or trails or anything like that. It's open for skiing or hiking. Councilwanan Swenson - Isn't that a little dangerous to have skiing and hunting at the same time and in the same place? Jon Parker - There won't be much overlap between skiing and hunting. Usually there is not much snow and we have it in other wildlife managanent areas in the state and haven I t had problems. There won I t be developed ski trails. Councilman Geving - I assume that part of that land is farm, is that correct? I Jon Parker - Part of that land is farmed, yes. Councilman Geving - It must be generating sane tax revenues fran that land. you intend to canpensate the City of Chanhassen for those lost revenues? HCM do I I I Council Meeting October 1, 1984 r.Fl -3~l Jon Parker - Under the State Law we are required to pay probably the formula would be 3/4 of 1% of the estimated market value, actually I think it is appraised value, to the county. Mayor Hamilton - So any revenue that the City would be getting fran that property will be gone. Jon Parker - Right, unless you get it fran the county. Don Ashworth - That's State Law. It is paid to the county for distribution to all units. Councilman Geving - We continue to lose tax revenues fran park dedicated lands and wildlife managerrent areas and I am very much in favor of wildlife management areas but it is a concern and we have considerable acreage in this City tied up in not only park land but aoout 12 lakes so our revenues continue to decrease. I would like to hear fran our attorney on this issue and how can we permit a long term arrangerrent with the State of Minnesota so that we waive any permit actions when other Council rrembers and other boards review this in the future. Roger Knutson - This Council can not prohibit a future Council fran aIYending ordi- nances. You can give an indication of what you think now. Councilman Geving - Another Council may renege on any pranise that we make. Jon Parker - We understand that. We have a draft agreerrent with the City of Shakopee right now in terms of ten years. It is just kind of a staterrent of intent. We understand that you can't bind future Councils. Councilman Geving - I noted in the cover letter that Mr. Crozier was going to be here. Jon Parker - He couldn't make it. Councilman Geving - I was just curious because they are interested in the other land which is to the east of this land. The thing that I question is that there are cer- tain inholdings here that will rerrain after you have purchased this 230 acres and you are going to have sane areas where you are going to allow fishing and trapping and hunting, snowm::>biles, and whatever and just adjacent to it there are private lands that you have no control over. Is it your intention to eventually pick up those other tracts to the east? Jon Parker - That is not in our project proposal. Councilman Geving - The point I am trying to make is that if we are going to manage this it would be rrore advisable for the State to pick up the whole area eventually so that you can do the kinds of things that you are talking aoout and that's manage the area. Mayor Hamilton - One of the things that has always urked :roe aoout this tyPe thing is that goverl1IreI1t agencies in this country and this state own far too much land and tend to eat up rrore and take it away fran private holders. Governrrent is the biggest landowner in the United States and I am not sure that's the way it was intended. I am concerned aoout the shooting. You are going to have shooting pretty close to the highway. How are you going to restrict that so that PeOple aren't shooting and hitting cars? ,". ."!t. ~ "" ""') /!i'council Meeting October 1, 1984 -4- Jon Parker - Your ordinance is 500 feet. We have conservation officers and local police. Mayor Hamilton - You don't expect the local police to assist you in policing. Jon Parker - We feel it's a local ordinance. The state ordinance does not have any restrictions. I Don Ashworth - When we issue a permit it is to an individual. He receives a copy of this ordinance that says the 500 feet. Jon Parker - It can be posted. I would agree to post the access points. Mayor Hamil ton - I would prefer us to maintain our perrni t system and then we would know who is down there and what is going on. Don Ashworth - I think what you were looking for is to waive that permit requirerrent? Jon Parker - There is also the written permission requirement. I don't think your permi t wouldn't cause us not to buy the land. Councilworran Swenson - We are losing that tax revenue. I wouldn't think that it's all that ridiculous to think that we could have revenue from a permit. You are taking land off of our taxpayers revenue and I guess I have a lot of difficulty with this. I couldn't go along with this without the City retaining control of the per- mit aspect specifically because of the 212 area and protection of the neighboring people. Jon Parker - '!here are very few people living there. '!here is only two residences. I Councilwanan SWenson - 'lWo people are just as important to Ire as 5,000. Councilman Horn - I am a little concerned that this doesn't require a public hearing to notify the residents of what is going on. As far as the permit I can see sorre validity in keeping the WMA consistent. It disturbs Ire to see the revenue loss which we will not be canpensated for. It seems to Ire that in all the issues that we went through to establish this hunting ordinance which I really have sorre mixed feelings about, I can understand the problems of the people down there but on the other hand being used to hunting in an area that didn't have all these kinds of restrictions I have trouble seeing how one could even appreciate the sport. I really have sane mixed feelings aoout this not seeing a little rrore publicity. Jon Parker - We are required to get County Board approval and I believe the Board would go to the City to get approval. I think we should clarify exactly how much revenue you are losing. I think that should be investigated rather than that being used as an argurrent without really investigating how much you will lose because 3/4 of 1% is a substantial amount. '!here is a fonnula in the law that requires it to be shared. Councilman Geving - '!hat would have been one of the arguments that you should have prepared for us tonight. Mayor Hamilton - Let's assume that this thing rroves ahead and you open it for hunting and scxre people want to go down there and hunt, where do they park? I Jon Parker - I believe that we will have a parking lot in that ballfield by Shakopee . I I I Council Meeting October 1, 1984 -5- Councilman Horn - Is there a way we could get notification on this to the people in the City? Jon Parker - I would like to sit down with the City Manager and see if we can cane up with any language for a future rreeting as far as just a statement of what we are agreeing that we are going to do and what you may want to pennit. I can cane up with the figures on the revenue. Councilwanan Swenson rroved to table action until Mr. Parker and the city Manager have had a chance to sit down and cane up with sanething that is presentable to the Council. r-btion seconded by Councilwanan Watson. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Council.rren Horn and Geving. No negative votes.r-btion carried. Councilman Geving - If we do rreet again may I suggest that we notify the neighbors that are in this area. OKroBERFEST, CHANHASSEN JAYCEFS: The Jaycees are seeking approval of a one day 3.2 liquor license and gambling license for their 4th Annual Oktoberfest celebration to be held October 13th. Councilman Horn rroved to approve the gambling license and one day 3.2 liquor license for a fee of $1.00. r-btion seconded by Councilwanan Swenson. The following voted in favor: Mayor Hamilton, Councilwanen Swenson and Watson, Council.rren Horn and Geving. No negative votes. r-btion carried. REVISION OF OON-CONFORMING USE PERMIT, 2540 ORCHARD LANE: The proposal is to revise the non-confonning use pennit to allow general busi- ness and professional office uses rather than to a specific individual. The Cermak's are now in the process of installing landscaping and parking lot improve- ments in accordance with the previously approved plan. Upon satisfactory canpletion of these improvements the rroney held in escrow should be refunded. After satisfac- tory canpletion of the improvements, the City Attorney should take the necessary steps to dismiss the lawsuit against Mr. Cermak. Councilman Geving rroved to approve the revised non-conforming use pennit to run with the land with the condition that all the landscaping and parking lot improvements must be canpleted to the satisfaction of the Carmuni ty Develor:m=nt Director before the escrow rroney will be returned to Mr. Cermak and that after satisfactory comple- tion of the improvements, the City Attorney should take the necessary steps to dismiss the lawsuit against Mr. Cermak. r-btion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamil ton, Councilwanen Swenson and Watson, Council.Iren Horn and Geving. No negative votes. r-btion carried. CONDITIONAL USE PERMIT FOR STABLINJ OF 'lHREE HORSES, 6301 CHURCH ROAD, JAMES FRIZZELL: Barbara ~ - The applicant had originally requested a conditional use for the stabling of four horses, however, since the Planning Carmission rreeting they have reduced that request to three horses. '!he Carmission recarmended approval of stabling of two horses and in fact Mr. Headla has issued a stable penni t for the horses. The applicant intended to have a third horse sane time in the future. '!be acreage of the property totals approximately 3.5 acres which exceeds the arcount required under the Horse Ordinance. He is also proposing to expand the existing barn another 18 feet and we are recarmending that if three horses are approved that, that barn be constructed to house that additional horse. The property was sub- divided into Larson's Addition in the 1970' s. The property does extend up to 62nd Street and what these dashed lines are is the fenced areas of the pasture. This area just south of West 6200 is now being used for soybeans. Council Meeting October 1, 1984 -6- Mayor Hamilton - If they didn't want to plant beans there they could use that for pasture too. Barbara ~ - It is my understanding that the applicant is leasing that area to another property in the neighborhood. Mayor Hamilton - Is there any neighbors here to wish to speak to this? Bill Schmid - We own the property directly to the east. We do have a large evergreen hedge there. It runs fran West 62nd to Highway 7. The original pasture fence that was put up that runs parallel with that hedge line, about six feet of that is on our property due to the fonner owners not knowing where they put their fences. I hope that is going to be changed. I am totally against any horses. We went along with the forrrer owner back in 1975 and I guess I just don't want to put up with the smell of horses any rrore. We had horses years ago. We had work horses and I cleaned the barns many ti.rres so I am not a horse hater but it's a urban area. There is rrore and rrore housing and rrore PeOple caning in and I just don't feel it's a good use. If we should start to subdivide that 10 acres within the next year or two years who is going to want to buy a $20,000 lot next to a horse pasture. We are about 120 feet fran that fence line and I don't want to have to put up with it. I have smelled it before and I don't want to smell it any rrore. Merlyn Wanous - Our primary concern is if he brings a lot of horses in what is it going to do to our property values. If you do allow rrore than two horses it will detract fran the property values. Jim Frizzell - I just acquired the property September 15th and we have worked with the neighbors in cleaning up the place. Just lately we have dropPed 11 trees cleaning it up. The owners in the past in my book weren't horse PeOple. They didn't understand the proper care and feeding of horses and after they got the horse she wasn't able to keep the place up to par. The facilities are very much in accor- dance with the ordinance. I would have no problem in rroving the fence. As far as horses in the neighborhood, within the block there is other neighbors that board horses there. Just at the end of the block where Merlyn lives he uses that end field for soybeans and he also, six rronths of the year, raises hogs. I wasn't born on a farm but I have worked a lot of ranches and small horse operations and I know hogs smell worse than horses if not taken care of. I think with proper care with a couple of horses it's not a problem. They surely can't be any worse than a couple of hogs f:JClrt of the year. What I propose is a conditional use permit for three hor- ses with the stable permit for two tecause the facilities are set for two right now and at sane point in the future, next spring or next year if I can get the barn set up for another horse, I would like to be able to do it through a stable permit pro- cess $10.00 rather than going through the conditional use permit process to add one rrore horse which is $150. Bill Schmid - We went through this with the Planning Cannission as far as the con- di tional use permit goes where it's up to the Council to set a tirre limit on that conditional use. Then we get down to the yearly permit and inspections. Terri Larson as I rerrember fran the last rreeting, put in for a permit in 1975 and Mr. Headla was called for an inspection and that was the last time he was ever called in to inspect. How do you control that situation? I have called tefore about another neighbor and nothing was ever done about that. Things are still operating the same way. Three businesses running out of deal next to rre and it just goes on and on. EquiFfl'ent running on weekends. Trucks hauling in logs and brush. Bob Reutiman - I own the land on 41 and 7 and I have been in before you. You wouldn't give rre permission to run a business there even though it's the rrost logi- cal place to put it. You go and examine your village, particularly the piece he is I I I Council Meeting October 1, 1984 ""77--7 I talking aoout, you have businesses running allover the village and I don't think it's up to the citizens to have to report that. When we ca:re before you for a ligi- tirnate business and everything else and you say no when there are other things going on in the village which we all know that there are. It's also in Shorewood so you aren't the only ones restricted to that type of operation. I don't think it's up to him to report. Councilwanan Watson - Why is this a conditional use pennit? Why is this not just a stable pennit. Barbara ~ - It is a conditional use because it is stipulated as a conditional use in the R-l District whereas in the R-lA it's a penni tted use. '!he conditional use will run with the land and the controlling penni t will be the stable penni t. '!he first pennit that was issued to Mr. Frizzell was August 10th so you can count on every August that there will be a legal ad in the newspaper as required by our Horse Ordinance that will advertise that a stable pennit application is being considered and the public then has a period of time to carm:mt. Mr. Frizzell wants to account for future plans and that's why he is requesting three for a conditional use. Councilman Horn - Where is the property that the pigs are being raised on? That certainly wouldn't be a pennitted use in an R-l District. Merlyn Wanous - I have been there since it was a township and I do raise pigs just in the wintertirre and not every year and when I do raise them I take the manure out as it's frozen. I start them in the first part of November and as soon as it starts in the spring I get rid of them. I feel I am grandfathered in there. I Councilman Horn - You have a problem with three horses and you are raising pigs? Merlyn Wanous - I can eliminate my pigs right now. They are not there year round. It's just in the wintertirre when all the winc'bws are closed. You have never had a complaint on my raising hogs. Mayor Hamilton - '!hat goes back to what they were just saying, who wants to call. Merlyn Wanous - It's just kind of a hobby that I have been doing it. I can raise them year round and I can pollute the neighoorhood but I don't do that. I just raise them during the wintertirre and I take the manure out while it is still frozen and spread it on the garden and work it in in the spring. Councilman Horn - It's hard to believe that the smell of horses is stronger than the smell of pigs. I was raised on a fann and I know what pigs smell like. I find that the acreage on this property rrore than exceeds what's required nonnally for four horses by a significant arrount. Dave Headla - I went out there this sumner. There weren't any horses there but it looked in very good shape. Certainly the building is rrore than adequate for two. If they wanted rrore than two I felt the shelter had to be enlarged. I Mayor Hamilton - We could issue a conditional use pennit for three and a stable per- mi t for two at the present tirre so that at the end of a year he shows that he can keep it up Mr. Headla can inspect it again and the neighoors have an opportunity to comment on it again. Councilwanan SWenson rroved to approve the stable penni t for two horses to be reviewed in six rronths and a conditional use penni t for three horses for James Frizzell, 6301 Church Road. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwanen SWenson and Watson, CounciJ.ro;m Horn and Geving. No negative votes. Motion carried. council Meeting October 1, 1984 -8- CONDITIONAL USE PERMIT FOR TEMPORARY S'lORAGE OF A MARKETING SALES '!RAILER, KERR COMPANIES, sOUfu OF AMERICAN IffiION PROPERTY:-Robert M:l.rtinson, Project Manager, Kerr Canpanies waS-present. ~~~~to~~to~~a~~~~to~~ I porary storage of a marketing sales trailer subject to the following conditions: 1. The trailer must be rem:>ved fran the site if application for development approval has not been made by November 30, 1984. 2. If application is made and approved and construction started, the trailer must be rem::>ved by September 1, 1985. 3. If the trailer is rroved on site, its location be approved by the Planning staff. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Council.rren Geving and Horn. No negative votes. ~tion carried. METES AND roUNDS SUBDIVISION, 8280 GALPIN BLVD: Dennis Moore was present requesting approval to subdivide a 26 acre parcel into a 12 acre parcel and a 14 acre parcel. Councilman Horn rroved to approve the metes and bounds subdivision dividing a 26 acre parcel into a 12 acre parcel and a 14 acre parcel, Planning Case #84-15. ~tion seconded by Councilman Geving. The following voted in favor: Mayor ~lton, Councilwomen Swenson and Watson, Council.rren Geving and Horn. No negative votes. Motion carried. PRELIMINARY AND FINAL PIAT APPROVAL OF SUBDIVISION RE)JUEST, FOX OOLIDW SEl:QND ADDITION: The purPOse of this requestis to replat two lots and Outlot C fran the Fox Hollow Subdivision including the otto Flan property. Councilman Horn rroved to approve the preliminary and final plat request for the replat of lots in Fox Hollow PRO and the otto Flan property, Planning Case #84-16. Motion seconded by Councilworran Watson. The following voted in favor: Mayor Hamilton, Councilwcman Watson, Council.rren Geving and Horn. Councilwanan Swenson voted no. ~tion carried. I ELEx:TRO-cRAFT <X>RPORATION, SOU'IHWEST <X>RNER OF HIGHWAY ~ AND AUDUIDN ROAD: lAND USE PLAN AMENDMENT FROM AGRICULTURAL 'lO INDUSTRIAL: Barbara ~ - The existing site is split in half by the urban service area. What staff is proposing is that as you know if you want to alter the MUSA area an equal exchange has to occur in land acreage. The Piper Ridge request will be up for Council consideration on October 15th and what was being proposed is that this par- cel plus the Piper Ridge Subdivision will be proposed for the exclusion of Hillside Oaks Subdivision. The proposed amendrrent would extend the industrial area by approximately 700 feet and staff is recarmending approval of the land use designa- tion change and the MUSA boundary because it can be served by gravity flow sewer and whereas Hillside Oaks cannot. Bill ~nk - The owners of Hillside Oaks were contacted also. Mr. Klingelhutz had no problem with what is proposed because it's consistent with his plat. Jim Mertes - I am Vice President of Finance of Electro-Craft. Electro-Craft was incorporated back in 1960 and I carre on board in 1963. We were about a $2 million dollar canpany back in 1963 and for fiscal 1985 we are projecting annual sales of I around $65 million. Our corporate headquarters right now is in Hopkins. We are outgrowing the facility. We are a high tech manufacturer of servo rrotors and systems. Primarily we serve the canputer industry, industrial autanation industry, medical service fields, that type of thing. We are highly specialized rrotor systems house. In Hopkins we employ a little over 300 people with an annual payroll of a little over $5 million. I I I Council Meeting October 1, 1984 -9- Councilman Geving - What is the size of the structure? Jim M:rrtes - The 120,000 is sarething that has been kicked around. We don't know it we need 100,000 or 120,000 in our first phase. Right rKM we occupy about 90,000. We have totally outgrown it. The building would be so structured that it would be expandable as our needs warrant it. Councilwanan Watson roved to approve the land use amendment for Electro<raft Corporation, Planning Case #84-3. M::>tion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilworren SWenson and Watson, Councilmen Horn and Geving. No negative votes. M::>tion carried. RG~ollA-Ko", l:y,5'-l1' REZONIN:; ~UEST FROM R-lA 'ID P-4, E:I.E:C'lRO-cRAFI' CORPORATION: Barbara ~ - We are recarmending approval of the rezoning based on the fact that the intent and uses and the requirerrents of the P-4 District are appropriate for that location. Councilwanan Watson roved to approve the request to rezone the property fran R-lA to P-4 for the 62 acres on SW corner of Highway 5 and Audubon Road, Planning Case # 84- 3. M::>tion seconded by Councilman Horn. '!he following voted in favor: Mayor Hamilton, Councilworren SWenson and Watson, Councilmen Geving and Horn. No negative votes. M::>tion carried. REQUEST 'ID DEFER A PORTION OF PARK DEDICATION FEES, ELEX:'lRO-cRAFI' CORPORATION: Mayor Hamilton roved to table this item until a tentative agreement can be reached between Mr. Mertes and the City Manager. M::>tion seconded by Councilman Geving. '!be following voted in favor: Mayor Hamilton, Councilworren Swenson and Watson, Councilmen Geving and Horn. No negative votes. M::>tion carried. KI~ 'lRAIL: The residents along Kiowa Trail will be sul::mitting a petition for "00 parking" signs along Kiowa Trail. CERTIFICATION OF DELINQUENT illILITY/DISEASED 'lREE PCCOUNTS: RESOLillION #84-55: Councilman Horn roved the adoption of a resolution cer- tifying delinquent utility and diseased tree accounts to the County Auditor for collection with 1985 real estate taxes. Resolution seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, CouncilwCllren SWenson and Watson, Councilmen Geving and Horn. No negative votes. M::>tion carried. ASSESSMENT SERVICES, CARVER COUNTY: Roger Knutson, City Attorney, distributed a copy of the court findings regarding Carver County vs. City of Chanhassen, 1982 Assessment Services. The City Manager distributed a copy of the billing received today, October 1, from the County Auditor for assessment costs for 1983/1984. The billing fran the County Auditor was supposedly calculated on actual costs versus the previously presented contractual cost billings. Actual costs have been calculated at approximately $66,000 versus the previous contractual cost of $45,000. Mr . Knutson stated that it was his opinion that the court would find the 1983/1984 assessment billings invalid on the same grounds used by the court to invalidate the billing for 1982. Joe Neaton, Chainnan of the Carver County Board of Cannissioners, was present stating that the county would certify the 1983/1984 actual cost billing as a part of the City of Chanhassen's tax certification when such was received. The City Attorney again stated that it was his opinion that there was no legal authority to rrodify the certification of the City of Chanhassen nor did the Statute provide for making the levy for 1983/1984. The City Attorney noted that he would start injunction proceedings if the county attempted to certify assessment services for 1983/1984 or attempted to rrodify the certified levy, in any way, as certified by the City of Chanhassen for taxes collectible in 1985. The City Council generally agreed that the proposed action of the City Attorney was consistent with the continued beliefs of the City and in accordance with the formal actions previously taken by the City. Council Meeting October 1, 1984 -10- councilwanan Watson moved to adjourn. r-btion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwanen SWenson and Watson, Councilmen Geving and Horn. No negative votes. Meeting adjourned at 10:00 p.m. I Don Ashworth City Manager I I