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CC Minutes 1998 10 26CHANHASSEN CITY COUNCIL REGULAR MEETING OCTOBER 26, 1998 Mayor Mancino called the meeting to order at 6~35 p.m. The meeting was opened with the Pledge to the Flag. COUNCILMEMBERS PRESENT: Mayor Mancino, Councilman Berquist, Councilman Engel, Councilman Mason, and Councilman Senn STAFF PRESENT: Roger Knutson, Kate Aanenson, Anita Benson, Scott Hart and Para Snell APPROVAL OF AGENDA: Councilman Berquist, Councilman Engel seconded to approve the agenda as presented. All voted in favor and the motion carried. PUBLIC ANNOUNCEMENTS: None. CONSENT AGENDA: Councilman Berquist moved, Councilman Mason seconded to approve the following Consent Agenda items pursuant to the City Manager's recommendations: b. Resolution #98-93: Authorize Preparation of Feasibility Study for Stone Creek Drive, Project No. 98-15. c. Resolution #98-94: Accept Utility Improvements in Springfield 4th Addition, Project No. 98-6. d. Approval of consolidation and replat of 126,565 sq. ft. into 2 lots and 5 outlots, Medical Arts Addition, located north of West 78th Street and west of Colonial Square, City of Chanhassen. e. Resolution #98-95: Approve Continued Participation in the Livable Communities Act. f. Approval of Bills. g. City Council Minutes dated October 12, 1998 City Council Minutes dated October 19, 1998 Planning Commission Minutes dated October 7, 1998 Park & Recreation Commission Minutes dated September 22, 1998 i. Adopt Tax Increment Financing Policy. k. Approve Settlement Agreement, Empak Assessments. 1. Clarification of Doug Hansen's Purchase Agreement, City Center Park Expansion. All voted in favor and the motion carried. VISITOR PRESENTATIONS: City Council Meeting - October 26, 1998 Mark Halla: Good evening. I'm Mark Halla and I live at 770 Creekwood in Chaska. I'm here in reference to the amendment to the stipulation that you just approved for the expansion or the relocation of building of a new building for our peacock barns and storage and the reason I'm here is simply because we staked that building out today. We recently bought a forklift. We did the floor plan and we realized that the aisle space that we anticipated being about 6 foot between aisles, tums out that it needs to be about 14 foot for our forklift which renders us a much smaller end use than we anticipated. So my request to you is simply that you consider allowing us to add another 50 foot to that building. It would be 50 foot to the east. It would not increase the width so it goes more toward the center road of our garden center as opposed to towards the golf course. And I think it would end up the net building would be 154 by 54 wide. Right now I believe the last approval, I wasn't at the meeting but Don said that the last approval was approximately 104 by 54. There was some question as to whether it was 100 or 104. They come, the trusses come, or the widths come in 8 foot sections so that's what I'm here to ask. I did call and ask Kate if she had a problem with that and my understanding is that she wasn't real concerned with it. I also called Roger Knutson and said hey, I know under the visitor presentation aspect of the council meetings that they don't have to act and they can hold it until the next meeting. Do they have to do that or can they act if they choose to and what I understood was that you have the right if you decide if it's not a big issue to say yes, that's okay or no, that's not. And I guess that's my request tonight. Our materials have been ordered and they're supposed to be arriving next Tuesday to begin construction and obviously it was oversight on my part and if it's not acceptable, I understand that but I'm just asking you consider that. Mayor Mancino: Okay. Are you sure you're not building a stadium? Mark Halla: I'm sure. Mayor Mancino: Okay. Does Council want to consider that tonight? Do you feel comfortable? Councilman Senn? Councilman Senn: I'm trying to remember if we, as far as neighbors we heard back from. If I'm recollecting correctly there was not a whole lot of comments from most of them or positive but there were one or two that weren't positive or whatever. Mayor Mancino: Yeah, I think there was one. Councilman Senn: And the enlargement is how many feet? Mark Halla: We're adding, well approximately 2,500. We'd be adding 50 foot. is 54 foot and that wouldn't change. We'd be adding another 50 foot to the end. approval was for 100 foot, it'd be adding 54 foot. The width of the building Or if you feel the Councilman Senn: So you're going from 5,000 square feet to roughly 7,500 square feet? Mark Halla: Approximately that. I didn't figure it out but 54 foot by 50. It's moving straight to the east. We've got it still will be 30 foot or so from the middle road in our garden center. Councilman Senn: And well I mean as far as just the issue of acting on it tonight, I don't know. I'm a little uncomfortable about that because that's a fairly significant intensification of use. Again, not knowing what additional uses are going to be in the building or how it's going to be used or anything like that, I don't City Council Meeting - October 26, 1998 know if that's kind of fair to the neighbors to just kind of do it and not even expose what that is or say what it is or whatever. I mean what we approved in the first place was basically a peacock barn, right? Mayor Mancino: With some storage. Councilman Senn: With a little bit of storage. Mayor Mancino: With some storage, yeah. And maybe that would be the right thing to do is to find out a little more specifically about storage because we certainly have quit a list, an itemized list now about which buildings and what they're used for. I don't know, Councilman Mason. Councilman Mason: At the risk of putting Mr. Halla off, I think with all due respect to everybody it would probably be wise to see some written comments on this. I just think let everyone know we're being above board and this, that and the other thing. I think that makes some sense. If, quite honestly planning doesn't have an issue with it, I wouldn't guess that I would either but I agree with Councilman Senn on that. Councilman Engel: I would like to see a sketch. When did you buy the forklift? Mark Halla: What's that? Councilman Engel: When did you get a forklift? Mark Halla: Today. It was delivered today and we didn't realize the size of it and so, in any case you don't have to decide. That's, if it doesn't work, it doesn't work and it won't work in time. We're not changing the use. It's still going to be a peacock barn and storage. We simply now have to have 14 foot between our rows of pallets and we didn't realize that so I'm not asking to change the use at all and I understand if you don't feel comfortable making a decision. But then it just won't happen, unless I go ahead and put up the trusses and just don't finish the outside in hopes that at some point you allow it. Mayor Mancino: Councilman Berquist. Councilman Berquist: ...concurrence with the rest of them. I think we should... Mayor Mancino: Okay. Mark Halla: All right. Is there a problem ifI decide to take the chance that you're going to approve it and I go ahead and put up the trusses but don't finish the outside of it? Councilman Berquist: I would guess it might be. Mayor Mancino: Yeah. I wouldn't put up the trusses. Mark Halla: Thank you. Mayor Mancino: Thank you for coming. Anyone else like to address the council on any issue, any request? Visitor presentation. City Council Meeting - October 26, 1998 PUBLIC HEARING: REQUEST TO VACATE PORTIONS OF THE DRAINAGE AND UTILITY EASEMENT BETWEEN LOTS 26 AND 27, FOX CHASE (6520 AND 6530 FOX PATH), THOMAS & SHERYL EBENREITER-VACATION FILE NO. 98-5. Anita Benson: Mayor Mancino, members of the council. The colors aren't showing up real well on the drawing but staff has received a request from the property owner to vacate the existing drainage and utility easement between Lots 26 and 27, Block 1, Fox Chase. That shows up in yellow and the request was initiated due to a lot split which will combine the non-buildable parcel, which is Lot 26, with the adjacent properties, Lots 25 and 27, Block 1, Fox Chase. The City received this drainage and utility easement at no cost with the platting of the Fox Chase development. The applicant in exchange for vacation of this drainage and utility easement, which there are no public utilities, or private utilities through, is willing to dedicate the area in red cross hatched on the northeast, northwest side of the pond as a drainage and utility easement. Since there are no utilities of record within that utility easement, it's no longer in the city's best interest to maintain it with the lots being combined. Therefore it's recommended that the City Council approve the vacation of a drainage and utility easement as denoted on this exhibit, contingent upon the lot split of Lot 26 being combined with Lots 25 and 27, Block 1, Fox Chase. Mayor Mancino: So you're saying legally we have to make sure that that goes through first and then we will go in and get the easement? Anita Benson: Correct. Mayor Mancino: Okay. And does this pond eventually drain into Lotus Lake? The water. Anita Benson: Yes, I believe so. Mayor Mancino: Okay. Any, this is a public hearing. I'd like to open this for a public hearing. Anyone wishing to address the City Council on this? Okay. Seeing none, let me bring it back to council. Any comments from council members? Councilman Senn: Question. Did you get an answer on the pipes? Anita Benson: There is a pipe running through the 20 foot easement on Lot 25. And so we need to maintain that one. Mayor Mancino: Any other comments? Councilman Senn: I'd move approval. Councilman Berquist: Second. Resolution #98-96: Councilman Senn moved, Councilman Berquist seconded to approve the vacation of the drainage and utility easement as denoted on Exhibit A contingent upon the lot split of Lot 26 being combined with Lots 25 and 27, Block 1, Fox Chase. All voted in favor and the motion carried unanimously. PUBLIC HEARING: REQUEST FOR A METES AND BOUNDS SUBDIVISION OF LOT 2, BLOCK 1, SUN RIDGE INTO TWO LOTS ON PROPERTY ZONED RR, RURAL City Council Meeting - October 26, 1998 RESIDENTIAL AND LOCATED AT 8850 AUDUBON ROAD~ STEVE AND MARY PAT MONSON. Kate Aanenson: Thank you. This item was previously submitted to the City Council back in January. At that time the applicant withdrew their proposal for a lot split in order to resolve a trail issue. Since that time the trail has been removed and placed on the lot further to the south. There is a large wetland in the southern edge of this property. Also Bluff Creek does run through this wetland. It's located along the south side of the new lot. In this area the creek has been trenched so it's kind of lost it's natural course. It is the desire of the city to do a wetland restoration of this project and increase the, remandering the creek and also increasing the flood storage. We want to apprise the owners of that and we have asked for additional drainage and utility easement on the property. And as I indicated the trail, which was a point of discussion previously has been relocated to the south. We are requiring therefore park and trail dedication fees for an additional lot which is standard for the lot being created. There are also water quantity and quality fees. With that, staff is recommending approval of the subdivision with conditions in the staff report. Mayor Mancino: Any questions for staff at this point? Councilman Berquist: All that easement stuff you're taking care of in condition 2, right? Kate Aanenson: Correct. That would be the flood easement. Flood elevation. Mayor Mancino: So there is no trail easement. There is no trail, nothing on the property? Kate Aanenson: That is correct. Just park and trail fees instead. Mayor Mancino: Do we have a problem with, are there now going to be two driveways on a collector or... ? Are they a distance? I know that the County has. Kate Aanenson: That was detailed in Dave's report. I'm not sure off the top of my head how that was resolved. It will take me a second. Mayor Mancino: So there wasn't any concern there that the driveways be too close together and having more access off a collector? Kate Aanenson: No. That's been resolved. Mayor Mancino: Okay. And is there enough upland area so that if the setback is, you know sometimes on a collector we ask that the front setback be 25% more than the 30 feet. When they're on busy roads. There's enough land here? Kate Aanenson: Right. There was an issue trying to find, because of the slope, a suitable site but we believe that the applicant has worked to resolve that situation so the house can be set back. Mayor Mancino: Any other questions at this point for staff? Is the applicant here and would you like to address the City Council please? Audience: No. City Council Meeting - October 26, 1998 Mayor Mancino: Okay, thank you. Open this for a public hearing. Anyone wishing to address the City Council on this agenda item? Boy, you're going to make it a fast night for us tonight everybody. Boy. Okay. Bring it back to Council. Any comments? Any questions? Councilman Senn: No, move approval. Councilman Engel: Second. Councilman Senn moved, Councilman Engel seconded to approve the metes and bounds subdivision (#97-11) of Lot 2, Block 1, Sun Ridge into two lots subject to the following conditions: A detailed grading, drainage and erosion control plan will be required at the time of building permit application for staff review and approval. The plan shall include driveway grades/location, tree preservation plan, lowest floor elevations, top of block and garage floor elevations, culvert type/size and location, existing and proposed grade elevations around the structure pursuant to city codes. The applicant shall dedicate to the city by permanent easement a drainage and utility easement over the creek up to the 100 year flood elevation (881.6) and right-of-way along the easterly 17 feet of Parcels I and II. If the applicant connects to city water, hook-up and connection fees for water shall be collected at time of building permit issuance. The applicant also has the option to install a well. The driveway grade shall not exceed 10% and shall be paved for the first 40 to 50 feet off Audubon Road. The developer shall pay the city $450.00 for administrative, GIS, and recording fees before the city signs the recording documents. 6. The developer shall pay full park and trail fees for parcel II pursuant to city ordinance. Protect each ISTS site in accordance with Chanhassen Inspections Division Policy # 10-199 prior to any activity (grading, construction, recreation, etc.) near the sites. The applicant shall pay water quality fees of $282.50 and water quantity fees of $707.00 prior to recording of the subdivision documents. Requirements for building setbacks on an ag/urban wetland are a 10 foot buffer zone in addition to a 40 foot building setback. All voted in favor and the motion carried. PUBLIC HEARING: CERTIFICATION OF 1998 DELINQUENT UTILITY ACCOUNTS. Pam Snell: Staff is recommending that council approve the attached list of 1998 delinquent utility accounts for certification to the Carver County auditor to be collected with other real estate tax levies against the premises listed. City Council Meeting - October 26, 1998 Mayor Mancino: That's it? Okay, thank you. Any questions for staff? Is there anyone here tonight wishing to address council on this? Please state your name and address. Robert Shumer: My name is Robert Shumer. I live at 1505 McCarthy Road in Eagan. I'm here ~n reference to the property at 6570 Pipewood Curve. I was appealing for a waiver based on the fact that the property was occupied by tenants and that notwithstanding, I guess my concern is that I had never received any notice of any delinquency and as I've stated in my letter, I had to file legal action to have these tenants removed from the property and had I known that there was a delinquent water bill, then I might have been able to include that in my lawsuit to try to recover some of those costs. And so I guess the real reason for the appeal is just to talk about an issue of fairness. I did discover, as I've said in the letter, that these fine tenants did owe money to NSP and to Minnegasco and both of those utilities are pursuing remedy against the tenants with separate action and so I was asking for a waiver or reduction on the basis of fairness. And also a recommendation that in the future if occurrences like this happen, that it would be helpful to receive notices of delinquency as a property owner so that I can begin to take action earlier than waiting until two months after they've left the property to find out that I was left with an unpaid utility bill. Mayor Mancino: Understand, thank you. I'd like to say, it's really too bad when you have tenants like that. I can feel for that. Pam, what do we usually do and how is the set up with landlords and tenants and what usually transpires here? Pam Snell: Typically it depends on the person setting up the utilities. The utility services. Instances occur where the tenant sets up the utilities themselves and have the utility bill mailed to them. There's other instances where the landlord will set up the utility bill. The utility bill will be sent to the landlord and the landlord pays. Mayor Mancino: The utility bill. Pam Snell: Yes. Mayor Mancino: So any way that they want to do it, they can come to you and say here's how I'd like it set up. At the... Any comments from council members on this? Councilman Senn. Councilman Senn: I have a question for Mr. Shumer, if I could. You have a complaint against this party now then? Okay. So you could amend that complaint to include this then now that you know about it? Robert Shumer: I have to check with my attorney... Mayor Mancino: Has it ever happened where, do you know if they're tenants or if they're land owners? I mean you know we don't get into private issues at all. Pam Snell: It just depends on the person calling in to set up the utility account. There are times when we won't know until time of certification that this is an actual tenant/landlord situation. Mayor Mancino: So the next time it would be very, very helpful if you came to the city, whether it's here in Chanhassen or another city and just let them know that you had renters, how you would like it set up. Robert Shumer: I was not aware until after... City Council Meeting - October 26, 1998 Mayor Mancino: Any other comments? Councilman Senn. Councilman Senn: Just in hopes of helping you out, in that I'm a landlord too, there's two things in the world that you never have sent to the tenant. One's your tax statement and one's your water bills because both are assessable back against the property. And you want to know promptly if they're not paid. It's a good way to set it up and procedure to maintain. Mayor Mancino: And these will go and certified on the tax, the property tax. Pam Snell: Yes, we certify on November 30th. We can set up arrangements for payment through the end of the year so that they won't be certified to the property tax. Mayor Mancino: And have you met with Mr. Shumer? Pam Snell: I spoke to him over the phone and explained. Mayor Mancino: Okay. Well then why don't, after tonight's meeting, you both get together and figure out how payment can be, etc. Okay? Any other comments? Councilman Senn: Move approval. Councilman Berquist: Second. Resolution #98-97: Councilman Senn moved, Councilman Berquist seconded to approve the list of delinquent utility accounts for 1998 Certification. All voted in favor and the motion carried unanimously. REQUEST TO AMEND CONDITIONS OF APPROVAL OF SUBDIVISION #96-8 TO SUBDIVIDE A 7.05 ACRE PARCEL INTO TWO SINGLE FAMILY LOTS WITH A VARIANCE TO ALLOW A WOOD SHED TO ENCROACH INTO THE REQUIRED REAR YARD SETBACK LOCATED EAST OF TIGUA LANE AND SOUTHWEST OF RICE MARSH LAKE ON LOT 1, BLOCK 1, RICE LAKE MANOR (8591 TIGUA LANE), GORDON SCHAEFFER. Kate Aanenson: Thank you. As you indicated, this is a request to amend one of the conditions of approval of a subdivision that took place back in 1996. The original subdivision for Rice Lake Manor was approved in 1980. The applicant did request to have his lot subdivided in 1996 and a condition was placed on there that they either remove the structure on the east side of the dwelling or obtain a permit to alter the structure to meet the building codes. And that structure.., wood shed and a dog house.., that exceeded the property line. The dog run was removed but the wood shed appears to be within one foot of the property line. The applicant has asked for relief from that condition. This item did appear before the planning commission in October. The planning commission reviewed it and recommended approval of the relief from the variance but they did attach two conditions. One being that the applicant be required to change the type of construction along the easterly side to make sure that it's consistent with building codes. And the other one was that a registered land survey verify exactly where that property line is to make sure that it doesn't exceed the property line. With that, I'd be happy to answer any questions that you may have. City Council Meeting - October 26, 1998 Mayor Mancino: Okay, thank you. Any questions for staff at this point? Is the applicant here and would you like to address the Council? Okay. Come on up please. State your name and address. Gordon Schaeffer: My name is Gordy Schaeffer and I'm asking for the variance to be approved and also I would like the recommendations to be either re-evaluated or removed and I have a few reasons why. Mayor Mancino: Okay, do you want to state those please. Gordon Schaeffer: Yes. The first one is the fire wall and I've got some photographs that I just can't rationalize putting in a one hour fire wall because the property is next to a water, kind of reservoir that goes between us and the city property down to the lake. So if anyone did build right next to us, it would have to be at least 100 feet away and I've got some photographs if you'd like to see that. Mayor Mancino: Sure. Is there actually water in that creek or ravine right now? Gordon Schaeffer: In the spring. Mayor Mancino: In the spring there is, okay. I walked it and saw it. Gordon Schaeffer: ... you know either I want to remove the shed or keep it there because the fire wall's kind of unnecessary. Okay, should I continue? Mayor Mancino: Sure. And if then after everyone sees the pictures we have some questions, we'll ask you. Gordon Schaeffer: All right, the second recommendation was a survey. And seeing that I already have two surveys with measurements to scale showing the distance and I've also provided photographs, which the attorney recommended showing the actual distance of the woodshed. I feel that a new survey is unnecessary and could cause a delay and some unnecessary financial hardship I guess. So I don't know how to best start this. If someone wants to look at these. Councilman Berquist: So there is a, you've got an existing survey... Gordon Schaeffer: Well I've got two surveys and what they show is the combined dog kennel and woodshed. What more importantly it shows is that it's 12 feet from the edge of the house to the property line. And then we've got photos and both Mayor Mancino and Sharmin have been out there showing that the shed is actually 9 feet but there's an overhang so if went out to the air it'd be about 10 ½ feet so we're within the property line. I guess I'll pass... Mayor Mancino: Yes, so what you're saying is, that the shed with the overhang is within the property line? Gordon Schaeffer: Yeah, about a foot and a half. Mayor Mancino: About a foot and a half. So let me ask Kate. Do you think that working with their survey that we can feel comfortable with that? Kate Aanenson: Well we had the same survey. The problem is it doesn't differentiate where the dog run. You know if you feel comfortable saying that's the best estimate, because that's what we're doing. We're City Council Meeting - October 26, 1998 estimating based on, there's not a survey that says that's the end of it. That'd be your call. Our recommendation was to have it surveyed so we know exactly that we're not... Mayor Mancino: Okay. Kate Aanenson: Get the survey to show it as all one parcel. We're just going off the scale. It's not... Mayor Mancino: Well yeah my question is, so the survey will show exactly where the land stops and starts... Roger Knutson: Right. The only thing I don't know is, do you have an estimate for a survey how much it would cost? Gordon Schaeffer: A new survey? Roger Knutson: You could take the existing survey. Kate Aanenson: All we need is the wood shed to the property line. That's what we're asking for. Gordon Schaeffer: Basically I could do it but it would, they would have to come and remeasure. So it'd probably be like, it would take a month and it would be about a thousand dollars. And the thing is I've got like eight pictures showing, with the measuring tape that the wood shed is 9 feet out from the house. Councilman Berquist: A thousand dollars? Gordon Schaeffer: Yeah. This is very complicated. Roger Knutson: I don't pay much attention on prices but the only survey I've gotten in my life was for my cabin and that was a complicated survey because they couldn't find plat comers or anything else and that was $200.00. Councilman Senn: All you need to do is locate your one.., lot line and.., in relationship to the lot line. That shouldn't cost you more than a few hundred dollars. Gordon Schaeffer: Well the problem is that the previous property owner who had this survey done has not paid the surveying company. Roger Knutson: Oh! Now it becomes... Gordon Schaeffer: I would not be here fighting this if it was just $200.00-$400.00. This guy wants. Roger Knutson: Now I can fully understand why it would cost you a thousand bucks. He's not going to go out there and do any work until he gets paid for the old one. Gordon Schaeffer: I would like to how you these. 10 City Council Meeting - October 26, 1998 Councilman Senn: You could get another surveyor. I mean again all you have to do is locate the two comer stakes and measure the garage from it. You don't need to go back to the same surveyor if that's a problem because they haven't paid him. Gordon Schaeffer: So you're saying they could measure from the house and not have to stake the, restake the land. Councilman Senn: All they have to do is they need to find the comer monument on the one line. So they have to find two monuments or two stakes basically and then all they have to do from there is locate the shed as it relates to that property line. That shouldn't be an expensive proposition.., new survey. I mean I understand if you have.., you know our problem is that, what you're asking us to do is a variance but there's one thing we can't do, that nobody said and that is we can't condone you encroaching on the other property. Gordon Schaeffer: I understand that. I think my point is... I've got measurements that show that the property line is 12 feet from the house. And that is a current survey and the previous survey where the house is shown. And the... Mayor Mancino: And Gordon you probably need a registered surveyor to make sure everything is okay. Gordon Schaeffer: It's just no way it's 12 feet, that wood shed. Mayor Mancino: Okay, thank you. Any other questions for Gordon at this time? Is there anyone else wishing to address the council on this issue? Comments from council and if you have any questions to ask Mr. Schaeffer. Councilman Berquist. Councilman Berquist: My comments are.., do you think there are methods by which that survey could be amended... Mayor Mancino: And otherwise you would move for approval of the variance. Okay. Councilman Engel. Councilman Engel: Same. Exactly. If he's, if it comes down to it, I don't want him to pay for that...I'd like to give him a chance to get it from another company if that's what it comes to but I don't want to force a fire wall either. Mayor Mancino: Okay, Councilman Mason. Councilman Mason: I concur. Mayor Mancino: Councilman Senn. Councilman Senn: Fine. Mayor Mancino: We are all in agreement tonight. May I have a motion please. Councilman Senn: Move approval to amend conditions of approval for subdivision #96-8 to subdivide a 7.05 acre parcel into two single family lots with a variance to allow a wood shed to encroach into the 11 City Council Meeting - October 26, 1998 required rear yard setback removing condition, the stipulation to construct a firewall but adding the stipulation that.., be verified and be found not to encroach into the... Councilman Senn moved, Councilman Berquist seconded to amend the conditions of approval for Metes and Bounds Subdivision #96-8, Rice Lake Manor Estates, to approve the variance as shown on the plans dated Received April 12, 1996, subject to the following condition: The registered land survey shall be amended by a Registered Land Surveyor to reflect a minimum of 1 foot setback from the rear property line. All voted in favor and the motion carried. HOUSE MOVING PERMIT FROM 1511 LAKE LUCY ROAD TO 6648 POWERS BLVD. ROBERT CHRISTANSEN. Kate Aanenson: I told Steve Kirchman I would cover this item for him. The home is currently located within Lake Lucy Estates subdivision which is being platted. They're moving that home up the street. Up to Powers Boulevard. Code does require notification to adjacent properties within 350 feet and that list was submitted as a part of this packet and mailed on the 15th. There are conditions to the building code. Four conditions for the house moving. I won't go through those but staff is recommending approval of the relocation with the conditions attached. I just want to also point out that they are requesting accessory building. We generally don't allow accessory buildings without a permit.., but we feel there is, as a part of this application it seems to make some sense and it's kind of an undue hardship so we are recommending that they be given a permit for the accessory structure to help in the relocation process. That's the only other anomaly with that. With that I'd be happy to answer any questions that you have. Mayor Mancino: Any questions of staff at this point? Is the applicant here and would you like to address the Council? ... do you have anything that you want to say to us tonight about the moving? Oh, okay. So are you going to do it in the middle of, so my question is are you going to do it in the middle of the night? When do you move houses? Robert Christensen: Early in the morning. Mayor Mancino: Early in the morning. Robert Christensen: I've never done this before so. Mayor Mancino: How long does it take them to get the house prepped to move it? Robert Christensen: Depending on the weather, this is going to be in February... I think it takes them roughly a week... Mayor Mancino: I was going to say, where are you going to go? Robert Christensen: It's a true mobile home. Mayor Mancino: Okay. Thanks for coming up. Anyone else here? Please state your name and address. 12 City Council Meeting - October 26, 1998 Robert Peterson: I'm Robert Peterson, 6650 Powers Boulevard, just south of Bob. I approve of that move. He'll still make a good neighbor. I just wanted to know about where you want to put that accessory building. Can you tell me? Mayor Mancino: Bob, can you come forward and do that. State your name and address. We're just betting this on public, on the record. You're on the record now. Robert Christensen: Here's the... Mayor Mancino: Okay, thank you. Comments, bring this back to council. Councilman Senn: I'm just, now that you have that answer, do you have any problems or concerns with that? Robert Peterson: ... Mayor Mancino: Is it the same architecturally as your house Bob? I mean is it going to look like architecturally like your house? Robert Christensen: ... Mayor Mancino: Okay, all wood siding. And what goes in it? Lawn. Robert Christensen: ... Mayor Mancino: You're comfortable with that? Okay. Thank you. Councilman Senn: Move approval. Councilman Engel: Second. Councilman Senn moved, Councilman Engel seconded to approve House Moving Permit #ID98- 010HM, subject to the following conditions: 1. The applicant shall obtain building, plumbing and HVAC permits from the Inspections Division prior to moving the dwelling. 2. The applicant shall obtain a road use permit from the city prior to moving the dwelling. 3. A 12' x 12' accessory structure may be constructed on the subject property prior to the house being moved onto the site. The accessory structure must be removed within twelve months of the house moving permit approval if the house move is not complete. 4. The applicant shall apply for and receive a building permit prior to constructing the accessory structure. All voted in favor and the motion carried. 13 City Council Meeting - October 26, 1998 COUNCIL PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: LAND USE AND ZONING STATUS/UPDATE FOR THESCHROEDERPROPERTY. Mayor Mancino: I tell you this property, you've been everything. You are everything in Chanhassen. We have one property that's been RSF, OI, RSF, public and semi-public all in one little lot. Kate Aanenson: This is really for your edification. This is a follow-up to the request that was made. Just to trace the history of the property.., was a mapping error so we are putting it back to Single Family Residential... guided low density... Mayor Mancino: Thank you very much. So it is. We don't even have anything to move or nothing. It's just going to be done. Kate Aanenson: Correct. Mayor Mancino: And this is it and it's official tonight? Kate Aanenson: The Schroeders have been notified. Mayor Mancino: Okay, good. Thank you. LAKEVIEW HILLS ACQUISITION. Roger Knutson: I believe the staff report covers it fairly well. What happened is we purchased some property and a condition in the purchase agreement to the person we purchased it from is required to tap a well and they escrowed a certain amount of money.., and now it's my understanding they're refusing to cap the well and .... and then the city cap the well. And the City Manager has given us direction... We could just take the escrow money or we could... Mayor Mancino: ...anyone else... A deal is a deal. That's it. Thank you. Any questions on the administrative section? Councilman Mason. Councilman Mason: No, no. I don't have questions on the administrative section. I have a statement that I would like to read that I did not have the intestinal fortitude to put under council presentations with. If it's okay with you I'd like to read it now. Mayor Mancino: Sure. Councilman Mason: Okay. First of all I'd like Council and everyone to keep in mind in my almost 8 years in City Council this is by far the most difficult thing I've done. I do not enjoy what I'm about to say and I do not want to do it. However, because this has been going on for so long and it's affected so many people and as an elected leader of this community I feel I have an obligation to state the following. Integrity in politics. The mudslide stops here. Or enough, that this be enough. Over the last week I am sure that many people read Mr. Bletcha's letter in the Chanhassen Villager in support of Steve LaBatt. Those of you that read the letter also know he took Councilman Berquist to task on his stance on our Public Safety Department and the public inspections division of that department. What most of you probably do not 14 City Council Meeting - October 26, 1998 know is that Councilman Berquist responded to that letter via e-mail to most of the city staff. While I will not read the e-mail to the group here I do wish to shed some light on some topics Mr. Berquist mentioned, as well as what I feel are in fact some very real issues regarding public safety, building inspections and Councilman Berquist. First, a reference is made in the e-mail to soccer moms receiving $35.00 tickets for watching their kids play soccer at Lake Ann Park. Incidentally, this took place in July of 1997, over a year ago. What Mr. Berquist failed to mention is that all of the cars ticketed, one of which was his own, were in fact parked illegally. What should also be noted is that according to the public safety officer issuing the tickets, there were plenty of legal parking places available. Mr. Berquist also failed to mention that people are not tagged at Lake Ann Park is all available parking spots are used. Second, Councilman Berquist makes mention of the fact that Public Safety Director Scott Harr called up Mr. Blechta after the letter Mr. Blechta wrote and asked him to apply for a possible upcoming vacancy on the Public Safety Commission in the event that Steve LaBatt gets elected, who is currently a member of that commission. What actually happened is that Mr. Blechta called Public Safety Director Harr because of disparaging remarks that were made by Mr. Berquist about Scott Harr in private to Mr. Blechta. It was in this conversation that Public Safety Director Harr mentioned to Mr. Blechta, knowing that he had previously served on Public Safety as a member, that there may be an opening on the Public Safety Commission and would he be interested in applying if that were the case. Quite honestly I am disappointed by the misrepresentations that appeared in that e-mail. I feel strongly that this is indicative at best of a cavalier attitude about the responsibilities of elected officials. Mayor Mancino adjourned the City Council meeting at 7:23 p.m. Submitted by Don Ashworth City Manager Prepared by Nann Opheim 15