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1983 09 12 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING SEPTEMBER 12, 1983 Mayor Hamilton called the meeting to order. the Pledge to the Flag. The meeting was opened with Members Present Councilwoman Watson, Councilman Geving, Councilman Horn, and Councilwoman Swenson. Staff Present Bill Monk, Don Ashworth, Bob Waibel, and Scott Martin. APPROVAL OF AGENDA: Councilman Horn moved to approve the agenda as pre- sented with the addition of discussion on the Teich Dump Site, Cemetery Deed Statms. Weed Complaints, and Low Bid Requirement. Motion seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. AWARD OF BIDS - WEST 77TH STREET IMPROVEMENTS, PARK ONE: RESOLUTTo~3~4O:--Councilman Geving moved to accep~e bid from Nodland Associates, Inc. in the amount of $221,540.50 for the improvements in Park One. Funding will be determined at the assessment hearing. Resolution seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. PUBLIC HEARING PROPOSED USE HEARING, PRESENTATION OF FEDERAL REVENUE SHARING AND 1984 BUDGET Mayor Hamilton called the hearing to order. No one from the public was in attendance. Councilman Geving moved to close the public hearing. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. MINUTES: Mayor Hamilton moved to approve the August 8, 1983, Council minu- tes. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Councilman Horn moved to approve the August 22, 1983, Council minutes. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Watson, Councilmen Geving and Horn. Councilwoman Swenson abstained. Motion carried. Mayor Hamilton moved to note the August 10, 1983, Planning Commission minu- tes. Motion seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Councilwoman Watson moved to note the July 12, 1983, Park and Recreation Commission minutes. Motion seconded by Councilman Horn. The following Council Meeting September 12, 1983 -2- voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Mayor Hamilton moved to note the August 18, 1983, Public Safety Commission I minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. PROPOSED AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: Councilman Gev~ --r objected to this two weeks ago and I guess I still feel as strongly now as I did then. After reviewing the housing survey results for the very first time, I think if I would have looked at these some time ago I would find them quite positive. If you look between the lines and read between the lines from the people that received this you will find that of the respondents, down in perspective development questions, those people that were asked, those seniors and handicap per- sons, if there was a building constructed in Chanhassen in 1984 would you move from your residence to this building, 14 or 7% said yes and 19 or 9% said yes after they sold their home. I thought that was rather significant because there were only 190 respondents and that's a fairly high percen- tage. The other thing that you have to understand is that not many people really responded to this from the older part of our community. I talked personally to 15 senior citizen members of the apartment complex behind Kenny's and about a block from my home, only one of them said they responded to the questionnaire and the other 12, 13 or 14 said they really didn't understand it and I think that was the problem with the whole sur- vey. They didn't get out and talk to the people and explain exactly what it was that was being proposed. I also note on item J. for example, that I if the apartment were ready for occupancy in 1985 and you were interested in moving into the building, would you prefer to move and again ten of the people said yes and 25 of them said as soon as I can sell my house. Thirty-five people said that they would actually move into this facility if it were built in 1985. I think that's a fairly high percentage of the number of people who did respond. I look at this survey and I have to say to myself, based upon my analysis of the people who responded by age group and income group that of those that did respond there was enough people out there, in my opinion, that could support senior citizen housing. I asked Scott what is the break even point on the number of people that would have had to have to make this survey positive in the minds of the analysts. If I gave you a figure of 35, right off the top of my head, these are the people that said they would move into this place. Scott Martin - I don It think I can tell you what a break even point is. I doubt that-anybody can but typically when you do a housing survey that's targeted to a very specific part of the population, first of all we don1t know whether their income qualified to move into it and secondly whether they really would or not is questionable. Typically in surveys like this you are getting about a 2 for one or a 2~ to one response so that if you are looking at a 60 unit building you have got 150 to 160 people saying they want to get in. Councilman Geving - I would like to bring up item Y, which I think is I rather significant, when they asked, do you know of any seniors or han- dicapped persons who moved out of Chanhassen within the last three years because affordable rental housing was not available. 156 replied no but 24 or 13% said yes. There has been a movement out of Chanhassen. I think the response that I read that you sent to the HUD people said in fact that we I I I Council Meeting, September 12, 1983 -3- nad ~O tie down our reprograming efforts by January 1, 1984, and it's at that point that I would like to turn my attention to the comments that were prepared in this Minnesota Cities Bulletin, August 1983, and I thought this Martha Greenwald report on the Minnesota Project was very good. She listed a number of things in there that you could use the CDBG Funds for and maybe we haven It expanded our horizons enough. If we are going to reprogram these dollars maybe we should be thinking about a potential for small business loans to some of our resident businesses. Maybe we should be thinking about any assistance we could give to industrial park tennants or perspective tennants. I don't know what are some of the things that could qualify but I am certainly interested in extension of our trail systems. I wouldn't disfavor assisting lower or disadvantaged income persons with their insula- tion as was proposed here. My problem with some of the proposals that are thrown out to me is that we haven't reached enough of the potentials. You know better than I do Scott, what are some of the potential and applicable projects for this. Scott Martin - A housing rehabilitation program which can either be a grant or loan program is one recommendation that's before you. Summer jobs program for youth from families that meet Section 8 housing income require- ments. We do have some federal jobs money that we just got within the last couple of months. The senior citizens center is part of the recommendation which is easier to qualify for than senior citizen housing. Diseased tree removal on public property or for that matter for low and moderate income people that cannot afford to remove diseased elms on their property. Site acquisition or writing down public improvements to low and moderate income family housing projects. Parks and playground development is not a real high priority but it's a possibility. The big emphasis is any program that will immediately benefit low and moderate income families or that will pro- duce new jobs. Councilwoman Swenson - Can funds like this be used if we should go ahead with the community center, could that be used to equip a child care center? Scott Martin - I think that1s a possibility. I am not sure if it would be to equip it or to assist in keeping operational expenses down. Councilman Geving moved to table this issue until Scott Martin submits additional options for the reprogramming of Community Development Block Grant Funds. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. CONDITIONAL USE PERMIT REQUESTS, LOTS 2 AND 3, BLOCK 1, ZAMOR ADDITION: Larry Zamor and Thaddeus Korzenow~were-present. M~ Zamor is requesting a conditional use permit to construct a 22 unit addition to the Chanhassen Inn. Mr. Korzenowski is seeking conditional use permit approval to construct a 119 seat restaurant. Mayor Hamilton moved to approve the conditional use permit requests for Lots 2 and 3, Block 1, Zamor Addition for the construction of the Chanhassen Inn addition and construction of the Prairie House Restaurant as depicted on the revised site plan dated received September 7, 1983, Chanhassen Community Development Department and as marked Official Copies contained in Planning Files 83-5 CUP and 83-6 CUP with the following conditions: Council Meeting September 12, 1983 -4- 1. That the applicants receive all City Engineer and necessary referral agency approvals and permlts. 2. That the applicants provide the City with appropriate documentation for I any shared parking facility arrangements between the property owners of the motel and restaurant. 3. The applicant provide the City with a letter of credit equal to 110% of the estimated cost of the unfinished exterior improvements at the time that a certificate of occupancy is sought. 4. That proposed signage is compliant to the Sign Ordinance standards. 5. The trash bin for the motel will remain in its current location. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. COMPREHENSIVE LAND USE PLAN AMENDMENT REQUEST, SUNNYBROOK DEVELOPMENT GROUP: 8. L. Schlender-wiS present. The Planning CommissTon recommended approval of the request to amend the Comprehensive Land Use Plan designa- tion of the southeasterly 24+ acres of Tract B, RLS #88 from campus busi- ness to commercial. - Councilman Horn moved to approve the Comprehensive Land Use Plan amendment. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Geving and Horn. No n e gat i ve v 0 t e s . Mot ion car r i e d . f~() \.,) 1,.1 (,( '65 I i (j !\ PROPOSED ZONING ORDINANCE AMENDMENT REGULATING PRIVATE SWIMMING POOLS: Councilman-GeVTng - I think this is a private matter and as far as I am concerned it's not one that I feel the Council should be involved with. It I involves fencing of swimming pools. I, too, felt that the Planning Commission and the Public Safety Commission developed a lot of background for us but I do feel that it's something that we don't need to legislate. I would like to go on record as proceeding with the Planning Commission IS recommendations to deny the whole thing and forget about a first reading. Mayor Hamilton - I do think that below ground swimming pools can be a hazard, however, if we are going to have a fencing ordinance dealing with below ground swimming pools, it should be just that. If you have a below ground swimming pool you put a fence around it. I agree with what the Planning Commission recommends. Councilwoman Swenson - I agree that below ground pools should be fenced. I go along wi~~Mayor, I think the rest of this is ridiculous. I think it should be retroactive. There was concern mentioned last year by our Building Inspector because we had some that were not fenced and it is a safety hazard. I would like to see the present ordinance increased to include the fencing of all in-ground pools. Councilman Horn - If you think of the safety hazard, I thought the example of the lake-wa5 good and I think they could have carried it a step further. Any dock is eligible for the same type of safety hazard as an in-ground swimming pool. A child can go out on a dock and fall in the deep end and we don't tell people they have to put gates in front of their docks. I Councilman Geving moved to deny the proposed swimming pool ordinance. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. I I I Council Meeting September 12, 1983 -5- CONDITIONAL USE PERMIT AMENDMENT, LAKE MINNEWASHTA REGIONAL PARK: Arnie Hed and Pat Murphy were present. Councilman Horn moved to approve the amended conditional use permit. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. PROPOSED GAMBLING ORDINANCE: Councilman Horn moved to table action. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. TEICH DUMP SITE: The City Engineer will prepare a progress report for the Counci~ CEMETERY DEED: The City Manager stated this item will be on a future Council agenda. WEED COMPLAINTS: Councilman Geving stated he has received complaints on ~weeds behind Kenny's Market along Chan View. LOW BID REQUIREMENT: The City Manager explained that the City has to accepr-the low bid if the bidder meets the specifications. 1984 PROPOSED BUDGET: councilman Geving - You indicated that you had $11,000 in Fund 462 and whether or not there was any thought to putting that money into a new rescue vehicle or something for the fire department. The reason that I say that is I felt that this was a bond issue the generated these funds, I know we spent $16,000 over at Station #1 but I personally feel that these monies belong in some way connected to that initiative that the voters voted on and approved rather than for administrative type things. I would feel better if it was used for something that was more in line with the library, public works department, etc. Mayor Hamilton - Those items that are listed were included in the total bid. It is not something that we are adding on now. They were always intended to be purchased with the bond money. Councilman Geving - If that is true I have no problem with the recommen- dation. I heard for the very first time about the roof on the fire sta- tion. I didn't know we had a problem there. I feel that these kinds of dollars possibly could be used for that. I would rather repair something if it's really in bad need of repair than go out and buy other things. Don Ashworth - The Budget does not address two areas. One was the $16,000 estimated cost for roofing the fire station. We did emergency repairs a year ago because the flashing deteriorated. At that point in time the experts that we called in, stated that this was a way to patch that up but in no way was really doing the job. The second issue that the Budget does not address is the Fire Marshal position. As you are aware we did receive a resignation notice from Jim McMahon on July 1st. That is a real problem for the City. We are required under State Statute to provide Fire Marshal services. There are two ways to go in providing that service. One is a full time position which then would be a Public Safety Coordinator and try to pick back up on some of the work that we are not getting done associated with the Fire Department. It would take a budget of somewhere between Council Meeting September 12, 1983 -6- $30,000 and $35,000 to have a full time position to act in coordination with the Public Safety Commission, City Council, and Fire Department if you really wanted to do the job. The money does not exist. The other option I would be to go to a part time position and try to work out a contract with Eden Prairie or one of our neighboring communities or a part time person within the community where you would pay a reasonable salary for the job. I would estimate that would cost approximately $10,000 a year. Councilman Geving - I would like to see us look at this $11,000 further and how we might use it. The City Manager presented the proposed 1984 Budget to the Council. The Budget will be discussed at the September 19th meeting. A motion was made by Councilman Horn and seconded by Councilman Geving to adjourn. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Meeting adjourned at 10:30 p.m. Don Ashworth City Manager I I