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1982 05 03 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING MAY 3, 1982 Acting Mayor Neveaux called the meeting to order with the following members present: Councilwoman Swenson, Councilmen Geving and Horn. Mayor Hamilton was absent. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: Councilman Geving moved to approve the agenda as presented and add the following items: Discussion of a letter received from the Carver County Disease Prevention and Control Director regarding mosquito control. Reconsideration of McDonald's proposal for Subdivision and Site Plan Approval, Outlot 2, Chanhassen Estates. Presentation by Georgette Sosin on Clean Water Awareness Day. Delete the Postal Address Change item on the agenda. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. CLEAN WATER AWARENESS DAY: Georgette invited Council members andChanhassen residents to a program dealing with protection of our lakes and streams to be held May 22 from 1:00-2:30 p.m. in the Chanhassen Elementary School. She asked the Council to pass a resolution declaring May 22 as Clean Water Awareness Day and further asked permission to use the City logo on the flyers that will be mailed to residents. The City Manager stated there was no problem in using the logo. RESOLUT ION #82-21: Councilwoman Swenson moved the adoption of a resolution declaring the day of Saturday, May 22, 1982, as Chanhassen Clean Water Awareness Day. Resolution seconded by Councilman Horn. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. Council members program. agreed to _purchase two park stickers to be donated to the PUBLIC HEARl NG SPECIAL ASSESSMENT HEARING BALTIC CORPORATION Acting Mayor Neveaux called the hearing to order. Gary Pihlstrom was present. The purpose of this hearing is to consider levying special assessments in the amount of $2,244.60 to reimburse the City for all costs incurred by the City in connection with all matters relating to the Non-Conforming Use Permit dated August 10, 1979. Staff recommended the costs be levied in one installment collectible with 1983 taxes at an interest rate of 8%. Gary Pihlstrom - I am one of the attorney's for Mr. Kreslins and the Baltic Corporation. I would like to make two points. I am objecting to the levying of the special assessment on two different grounds. The first ground is, in my opinion, that the Council is not authorized to levy a special assessment for attorney's fees incurred in attempting to enforce a non-conforming use permit. Such an action can only be taken with a specific statutory authority and I can't find the statute which authorizes the Council to make such a levy for attorney's fees incurred in enforcing a non-conforming use permit. So that's the first ground. The second ground is, it's my opinion that the City of Chanhassen no longer has these particular rights to these attorney's fees and I have prepared a pack of material. The very bottom document is a summons and complaint which was served on Mr. Kreslins, the Baltic Corporation and the bonding company in this matter and the basic complaint, of course, is concerning the failure to comply with the non-conforming use permit and on page 4 of the complaint, the request Council Meeting May 3, 1982 -2- for relief asks for judgment against the bonding company and it also asks for all the costs incurred by the City of Chanhassen in performing the work including all administrative, legal and I engineering costs incurred by the City in the performance of the work and in the enforcement of the permit. The City of Chanhassen has assigned all of its rights in and to this particular lawsuit and in and to any monies due it from Mr. Kreslins and the Baltic Corporation to the bonding company. That's the second document on top of the summons and complaint. I n the assignment document is very clearly worded that the City of Chanhassen has assigned to Transamerica, that's the bonding company, all of its rights, titles and interest of all monies heretofore due the City from Harry Kreslins or the Baltic Corporation by reason of the failure to make the landscape improvements pursuant to the non-conforming use permit and the City of Chanhassen empowers T ransamerica, in its own name, to do and perform all acts, matters, and things touching the premises in like matter to all interests and purposes and if necessary to sue. In other words this claim is no longer the City of Chanhassen. If any money is owed, that particular right has been assigned to the bonding company, Transamerica, pursuant to this document. On top of that assignment document you will find two letters written by the lawyer for the bonding company who fully agrees with my interpretation of that assignment agreement and, again, I object to the levying of a special assessment on the two grounds. N umber one, I don't think there is a statute which allows you to do it and number two, I don't think the City any longer has those particular rights. Russell Larson - I disagree with but there is no merit in going into my arguments I on behalf of the City. I feel we are well within our rights to do so under the issues of the contract, the bond and the release. I am recommending that you proceed to levy the assessment in the manner in which I have setforth in the notice of March 16 to the owners. That is that the entire amount be assessed and be payable unless prepaid in one annual installment to be collectible with general taxes during the year 1983, bearing interest at the rate of 8% per annum on the enti re assessment from the date of the resolution authorizing that assessment and to December 31, 1983, except that they have the right to pay this in full, without interest, within 30 days from the adoption of the resolution. They also have the right of appeal. Councilman Geving moved to close the public hearing. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Hearing closed. BALTIC CORPORATION, SPECIAL ASSESSMENTS: RESOLUT I ON #82- 22: Councilman Horn moved the adoption of a resolution that the assessment of the entire costs $2,244.60 be assessed and payable in one annual installment with general taxes payable during the year 1983 bearing an interest rate of 8% per annum from the date of the adoption of this resolution to December 31, 1983, except that no interest will be charged if the entire assessment is paid I to the City Treasurer within 30 days from the adoption of the assessment by the City Council. The tract of land to be assessed is Lots 1 and 2, Minnewashta Park Addition. Resol ution seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. I I I Council Meeting May 3, 1982 -3- PUBLIC HEARING INDUSTRIAL REVENUE BOND FINANCING DOLPHIN CONSTRUCTION Acting Mayor Neveaux called the hearing to order with the following interested persons present: David Schul z, Box 327, Chanhassen LeRoy Miller, 6897 Rolling Acres Road, Excelsior The City Attorney explained the status of this proposal. He recommended the Council continue the hearing to May 17 due to a procedural error in that a draft copy of the application by the borrower to the state department involved was not done. The appl icant will make his presentation on May 17. Councilman Horn moved to continue the hearing to May 17, 1982, at 7:30 p.m. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion ca rried . M I N UT ES : Councilman Horn moved to approve the February 1, Motion seconded by Councilman Geving. The following voted in Neveaux, Councilwoméin Swenson, Councilmen Geving and Horn. Motion carried. 1982, Council minutes. favor: Acting Mayor No negative votes. Councilwoman Swenson moved to approve the April 19, 1982, Council minutes. Motion seconded by Acting Mayor Neveaux. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson and Councilman Horn . Councilman GeVing abstained. Motion carried. Councilwoman Swenson moved to note the April 8, 1982, Planning Commission minutes. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Councilwoman Swenson moved to note the April 6, 1982, Park and Recreation Commission minutes. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Councilman Geving moved to note the April 13, 1982, Park and Recreation Commission minutes. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. CONDITIONAL USE PERMIT AMENDMENT, HANUS PROPERTY: Council members discussed the conditional use permit and made the following changes: Section 2.05 (a) Outside of the fence, which is depicted on the "Recommended Screening Plan, Chanhassen Community Development Dept. 11-19-81," a copy of which is on file in the office of the City Community Development Director. Section 2.17 Subject to approval of Applicants' grading plan as provided in Section 2.16 of this permit, Applicants, no later than June 30, 1982, shall grade and sod that portion of the Subject Property which lies southerly and within thirty feet of the fenced area depicted on the above described "Recommended Screening Plan". The Applicants shall maintain said area in a workmanlike manner, incl uding mowing', watering, and fertilizing as necessary to maintain a well groomed appearance. . Council Meeting May 3, 1982 -4- Councilman Geving moved to approve the restated Conditional Use Permit dated February 12, 1982, as discussed and finalized this evening and direct the Mayor and City Manager to sign. Staff is directed to obtain approvals necessary from I Mr. and Mrs. Hanus to the changes. Staff is further directed to fix the scale on the "Recommended Screening Plan" Exhibit A dated May 3, 1982 and to proceed with the continuation of collecting the escrow. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Mr. Hanus was not present at this meeting but has stated to the City Manager that he does not feel that the costs should be totally borne by himself. The City Manager explained that the City has the power to assess the costs. ALARM USER ORDINANCE: Officer Larry King was present. Councilwoman Swenson moved to adopt é'ln 0 rdinance RegulatinÇ1 Ala rm Systems. Add the following paragraph to Section 3.04. liThe term alarm system does not include smoke detectors which emit only an audible alarm signal and which are installed within individual dwelling units. II The alarm user fees are $50.00 for the 4th th rough the 8th consecutive ala rms in a twelve month period and in excess of eight a fee of $100. This ordinance is subject to review one year from the date of its passage, May 3, 1983. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. The City Manager was directed to send a letter to the Sheriff's Office thanking the department, expecially Officer King, for the excellent work done in this area. COUNTY ROAD 18 RIGHT-OF-WAY ALIGNMENT: The City Engineer reported he has I met with the County Engineer and the county has offered two options to the City. Option #1 includes the purchase of the entire site at a total cost of $3,660. Option #2 includes purchase of only that portion of the parcel as needed for right- of-way easements at a total cost of $1,528. Councilman Horn moved to table action to May 17 at which time the County Engineer can be present to discuss alternatives and/or rationale behind the "T" intersection as proposed. Motion seconded by Councilwoman Swenson. The fol lowing voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Counci Imen Geving and Horn. No negative votes. Motion carried. SIGN ORDINANCE VARIANCE REQUEST, ABC MILLWORK: Automated Building Components, Inc. is seeking approval to erect one free-standing directional sign measuring 5 square feet on each of two sign display faces and measuring five feet in height. The purpose of the sign is to direct truckers to the shipping or receiving functions of the complex. A variance would be required to Section 2(f) of the Sign Ordinance. A six square foot area variance to Section 3.19 is required. The sign is presently located six feet from the right-of-way, a variance of 19 feet is requested. The Planning Commission recommended denial of the variance requests and further recommended that Section 2(f) be amended by deleting the words lito public facil ities or functions" in the definition of a di rectional sign. Councilman Horn moved to grant a variance for a directional sign not to exceed I four squa re feet, to be five feet from the property I ine and not to exceed five feet in height. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor N eveaux, Counci IWGman Swenson, Councilmen Gevinn 2nd Horn. No negative votes. Motion carried. I I I Council Meeting May 3. 1982 -5- Councilman Horn moved to alace on first readinq an amendment to the Sian Ordinance: Change to Section 2(f)to delete the words "to public facilities or functio~s". Allow one directional sign up to four square feet in display area per property access drive with a minimum setback of five feet and a maximum height of four feet. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. FRONT AND SIDE YARD VARIANCE REQUEST, 6677 HORSESHOE CURVE: Terry Rosen was present requesting a 25 foot front yárd and seven foot side yard setback variance to construct a garage. The Board of Adjustments and Appeals recommended approval subject to the following conditions: 1. That the area upon which the garage is proposed to be built be raised so as to direct storm water run off to the street. 2. That rain troughs be installed to direct storm water run off from the roof of the proposed garage, and; 3. That the existing garage on the property be torn down. Councilman Horn moved to grant a 25 foot front yard variance and seven foot side yard setback variance as delineated in the staff and Board of Adjustments and Appeals report. Motion seconded by Councilwoman Swenson. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. SITE PLAN AMEN DMENT, UN ITED MAl LI NG: The City Planner reported that United Mailing is intending to construct their building in one phase instead of two as approved and increase the number of parking spaces by 83. An additional loading dock is planned for the east side of the building on the second level. A landscape plan was submitted that shows how the loading dock area will be screened. Staff felt the loading dock will be adequately screened from view along Powers Blvd. Councilman Horn moved to approve the site plan amendment as presented. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion ca rried . SPECIAL ASSESSMENTS, KELLYNNE ADDITION: RESOLUT ION #82-23: Councilman Horn moved the adoption of a resolution to hold a public hearing on June 7, 1982, to consider levying assessments in Kellynne Addition. Resolution seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. REFINANCE BONDS OF 1982: RESOLUTION #82-24: Councilman Geving moved the adoption of a resolution Providing for the I ssuance and Sale of $3,955,000 General Obi igation I mprovement Bonds of 1982. Resolution seconded by Councilwoman Swenson. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. CONSENT AGENDA: Councilman Horn moved to approve the following consent agenda items pursuant to the City Manager's recommendations: a. Street Vacation, Rogers Property, Lake Riley Blvd. June 7, 1982. c. Resolution to increase fees for non-return of self-read cards. RESOLUTION #82-25. Motion seconded by Councilwoman Swenson. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Council Meeting May 3, 1982 -6- SOLID WASTE ADVISORY COMM ITTEE: Councilman Geving gave a report. This committee will be inactive until the Summer of 1983 at which time they will be asked to draft a landfill ordinance. I SUBDIVISION PLAT APPROVAL AND SITE PLAN REVIEW, OUTLOT 2, CHANHASSEN ESTATES, MC DONALDS CORPORATION: Councilman Geving moved to reconsider this item for May 10, 1982. Motion seconded by Councilwoman Swenson. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Councilman Geving noted that the basis of such request for reconsideration was that this item should be decided by the full Council. Councilman Geving stated that he had made his determination to request reconsideration prior to the Council receiving the Summons from McDonald's and he is making this motion without being pressured by this Summons. Acting Mayor Neveaux requested staff to send letters to the Chanhassen Estates neighborhood to make sure they were notified of the Councils request for reconsideration. Further, that the City Attorney's office should prepare a report as to alternative means by which the Council can re-review land uses within the Dakota /H ighway 5 area and potentially within the enti re community, i. e. moratorium, ability of the City to limit fast food or other high traffic generators within the C-2 District, etc. The Council generally concurred. No action was taken. MOSQUITO CONTROL: Councilwoman Swenson noted the letter received from Donna Gatz, Disease Prevention and Control Director, Carver County and asked if the City could do something, i.e. alert property owners to get rid of old tires as they are a breeding a rea for mosquitos. A motion was made by Councilwoman Swenson and seconded by Councilman Geving to adjou rn. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Counci Imen Geving and Horn. No negative votes. Meeting adjourned at 10:45 p.m. I Don Ashworth City Manager I