Loading...
1982 08 02 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING AUGUST 2, 1982 Mayor Hamilton called the meeting to order with present: Councilmen Neveaux, Geving, and Horn. was absent. Carol Watson, Planning Commission, meeting was opened with the Pledge to the Flag. the following members Councilwoman Swenson was present. The APPROVAL OF AGENDA: Councilman Geving moved to approve the agenda as presented with the following changes and additions: Remove item c, Agricultural Preserves Act, from the Consent Agenda, delete item 4, Florence Lowe Assessment Review, add discussion on McDonald's litiga- tion, Fire Relief Association, and Definition of Contractor's Yard. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. PUBLIC HEARING 201 PROGRAM RESOLUTION ESTABLISHING PROCEDURES OF THE PROGRAM Mayor Hamilton called the hearing to order with the following interested persons present: Donald Wisniewski, 621 West 96th Street Bill Heinlein, 721 West 96th Street Richard Derhaag, 711 West 96th Street Ralph Freudenberg, 631 West 96th Street Richard Johnson, 600 West 96th Street James Church, 611 West 96th Street Martin Jones, 7321 Dogwood Georgia Jeurissen, 750 West 96th Street Karen Hasse, 630 West 96th Street Carol and Wes Dunsmore, 730 West 96th Street Cliff Simons, 601 West 96th Street A. Adamson, 7331 Dogwood Jan Quist, 7331 Dogwood Mike and Leslie O'Halloran, 550 Lyman Blvd. Maynard Happe, 495 Lakota Lane John Malakowsky, 10301 Great Plains Blvd. Gary Anderson, 725 Creekwood Dan Tester, 230 Flying Cloud Drive Vernon Teich, 220 Flying Cloud Drive Bill Engelhardt, Schoell and Madson The purpose of this hearing is to consider a resolution establishing a user charge ordinance and usage and maintenance ordinance for Carver County 201 on-site sewer upgrade program. No comments were received. Councilman Geving moved to close the public hearing. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. 201 ON-SITE SEWER UPGRADE PROGRAM: Councilman Geving - I would like to comment briefly on the charge proposed for the individual systems of $10.00 per year. I know this is a very small amount of money and it's based primarily on administrative process of sending out bills to bill those people for the $10.00 that we have indicated here that it would cost to carry out the program and I think this is unfair. My feeling is that we are Council Meeting August 2, 1982 already putting in this system, we have administrative services available in the City and my personal feeling is that we shouldn't charge them the $10.00 for those individual services. I feel there should be no charge for the individual systems. That does not include the on-site systems. We are only talking about a few people. Bill Monk - The City is required once a year to send out a notice to all of the individual sewer system owners reminding them to check the system and see if it needs pumping and if it does to contract for that done and for that service plus the record keeping that will be done on keeping the location data at the office, we thought it only fair to put some type of a charge on and $IO.OO was arrived at, for that type of service. It can be lowered but there are some minimal tasks that will be required in the administration. We don't know how much administration or looking after the program is going to take. It is an attempt to establish a number that can be raised or lowered each year based on what we find we have to do. Councilman Geving - Let me ask you this question, once the individual in his home, monitors his own sludge and his own situation, does he make a report back to the City? Bill Monk - As I understand it the City is only required to make the reminders. Councilman Geving - All of the burden is placed upon the individual to maintain his own system once it's been installed. Any major or routine maintenance is all done by the owner so the City's involvement in this whole process, in this particular case, is just to send out the annual reminder. I can't see that that's worth $10.00. Mayor Hamilton - You would certainly have an opportunity when we discuss the ordinance and fees will be included in the ordinance. At that time I think we would want to discuss that further. Amy Adamson - The $198.00 charge for the community sewage system, is that per dwelling on the community system? Mayor Hamilton - Per household, yes. Martin Jones - If there are two or three houses on a system, to me if you were going to charge a single homeowner $10.00, why would you charge only $198.00. It doesn't seen feasible. Number one, we are all on septic systems now. We know what they are supposed to do and we know how they act. I don't feel that there should be any charge to any of us. The City doesn't use a septic system. Why not let us do our own monitoring, our own pumping, our own taking care of it? Bill Monk - On the community system, the City does not have an option to allow the homeowners to maintain the system. PCA requires that the City take care of basically the entire system or that we hire a contractor to take care of the system. There are no other options. We did look into the possibility, try to talk PCA into a third option of letting the homeowners take care of the system and they will not accept that arrangement. $198.00 per year per dwelling on a community system represents a ballpark figure on what I think it would take to maintain it. Everyone should be aware that in a community sys'tem the City is responsible for quite a bit of maintenance. The City is responsible for the septic tank, the pump in the tank, the electrical service that feeds that pump, all the forcemains on private property, and in the street and the dosing stations that actually lift it up into the community mound. That is the reason for the big difference in charges. Whereas on the individual system, other than the yearly reminders, the operation and maintenance is completely the responsibility of the homeowner. Martin Jones - Do we have an option to go on a single system or a community system and if we don't, why not? -2- I I I I I I Council Meeting August 2, 1982 -3- Bill Engelhardt - There were three households selected for community systems on Dogwood. It was Jones, Lundell, and Adamson. Originally they were set up for individual systems but when we went out to do the soils tests we could not find a suitable site to have an on-site system. The soils will not perk out there. There is no room to put the system. The size of the mound system that we would have had to put in, you can't fit it in because of the garages, houses, trees, there is just no room for the system. We went back to PCA and said, look, we just can't get these systems to work, it's not feasible to put in a individual system on these lots, we have to go to a community system and therefore, they allowed us to go with a community system. That's why you are on a community system. We had to then go and find a site that was suitable for it. Martin Jones - They couldn't find a suitable perk site on my property. I can't state for Cliff Adamson or Lundell, where they drilled the hole they went right straight to a line in my drainfield, they went down they hit the tile. Bill Engelhardt - On all of those sites, on yours, Lundell's and the Adamson's, the first perk test I took,I took three on each site and they just didn't pass. I went back and I checked with our soils people and I said, look, go out and do it again. We ran them again. In fact there was somewhere up to five and six perk tests run on each one of those sites because I didn't believe that the perk tests were going to be that high and they still didn't pass. You have to remember that the size of the mound that we are talking about, to get the setbacks and everything, they just would not fit. We just couldn't get an individual system on your property. You have got a big lot on paper. It shows 250 some feet long but you drop off at almost a one to one to the lake. The rest of the lot is covered by house and garage and it's impossible to get a septic system in there. Your septic system right now does not work and that's part of the reason why. You can't get a septic system on that site. Mayor Hamilton - Was this explained to you Martin when they came out to do the perk test? Martin Jones - The original one, I wasn't home but they did explain to my wife. I knew they had to come back because there was another hole right in line with my drainfield. They were right directly over the tiles. There is no way you can get a perk test on that. You might was well drill into solid rock. Bill Engelhardt - With the criteria that Carver County has established for the design of the drainfield, an individual system would not fit on your property. I would be more than happy to come out and meet with you some time this week and we will go through it and I will show you the site and show him the perk tests. Martin Jones - Please do. Councilman Geving - When we got into this 201 Study, it's been several years now, and the other alternatives that we were faced with, we put in a sewer system in Kiowa Trail at about $7,000. For the people on West 96th Street, I think this is a very good alternative and if I were one of those people I would be very willing to pay $198.00 a year for that kind of service when you understand all the operations and maintenance of that thing are going to be done by the City. I think it's a heck of a bargain. Gary Anderson - I bought Roy Johnson's home. I just moved in three weeks ago, what's wrong with the septic system? I live at 725 Creekwood. Bill Monk - The 201 started a long time ago. It was basically an attempt to take malfunctioning systems and upgrade them to a point Council Meeting August 2, 1982 -4- where they were not polluting the surrounding ground and water tables. A study was done several years ago to determine what areas and homes would be included in that study and it just has evolved from that point. It is surprising to note that some of the people have dropped I out because they experienced no problems. I don't know how they were included in the original study but basically the homes chosen were based on a study that tried to determine in Chanhassen the systems and the areas that were not operating properly. Bill Engelhardt - That property was designated as a problem site. I can't tell you the specific problem but it was designated in the original study as a problem site. A lot of these sites, we found after going out and looking at them, the septic tanks were generally undersized, the drainfields were in poor locations and I really don't know all the detail on how they determined but after going out and looking at them you can see they did have problems. Mayor Hamilton - If you have another question on your specific system perhaps you could meet with Mr. Engelhardt and he could explain more. Councilman Horn - I guess when we started this we looked at it as a benefit to the people but if they should choose not to want to participate in this, is that an option? Bill Monk - This is basically, as I understand it, a voluntary program and I have got to believe that right down until the 429 hearing that it is still voluntary. Jan Quist - If the money definitely available for this final stage? Bill Engelhardt - I have talked to John Stuart who is the consultant for Carver County and they indicated there are seven projects going to be funded next year in the State of Minnesota, Carver County 201 Plan was number three on the list so they are about 95 to 99% sure that the I money is going to be there. Mike O'Halloran - Do we have any idea what the total cost to the homeowner is yet and when will we know? Bill Monk - One of the items I tried to address is the Council still has to hold a Minnesota Statute 429 improvement hearing some time this fall and we will not hold the hearing until such time as the final plans and the construction cost data can be presented in full. Tonight I am trying to present some of the maintenance costs involved but I cannot seem to tie anybody down with the actual level of federal funding and until I can I am holding off calling a 429 improvement hearing. I am hoping we can hold that hearing some time this fall. Bill Engelhardt - We are going to be submitting the plans to the PCA in the middle of August and it's best to have those plans approved and have them back from the PCA in case they have any changes and then we can give a cost on that when they are all approved by the PCA and we will have a final cost. Hopefully there won't be any changes involving those plans. Mike O'Halloran - Are the individuals going to get a chance to review those plans? Bill Monk - The plans will be made public. RESOLUTION #82-45: Councilman Neveaux moved the adoption of a resolution for the adoption of a user charge ordinance and usage and maintenance ordinance for Carver County 201 On-Site Sewer Upgrade program. Resolution seconded by Councilman Horn. The following voted I in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. I I I Council Meeting August 2, 1982 -5- MINUTES: Amend the last sentence in the first paragraph of the July 19, 1982, Council minutes under B-T LAND ESCROW ACCOUNT to read: An agreement was reached splitting the bills to date in half, with the City paying half. Councilman Horn moved to approve the July 19, 1982, Council minutes as amended. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. Councilman Neveaux moved to note the July 8, 1982, Planning CO~TIission minutes. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving,and Horn. No negative votes. Motion carried. Councilman Horn moved to note the July 6, 1982, Park and Recreation Commission minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. SUNDAY LIQUOR LICENSE APPLICATION, PONY EXPRESS: Don Kallestad was present. He has installed a kitchen to comply with restrictions of Sunday Sales. Mayor Hamilton requested that staff verify that the seating capacity is in conformance with Ordinance 2-H. The City Manager noted he has not received notice from the police department of any violations or citations during the past year. Mayor Hamilton moved that Don Kallestad, d/b/a Pony Express, be granted a Sunday Liquor License with the provision that the fire marshal and/or building inspector check out the seating issue and other ordinance requirements. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. ASSESSMENT REVIEW, LOTS 3007-3012, CARVER BEACH: Jim Cranston was present. He is considering purchasing these lots from Arnold Madson. The original parcel, Lots 2960, 2961, 3007-3012, were assessed one sewer and water unit. Since that time Mr. Madson has sold off Lots 2960 and 2961 thereby landlocking Lots 3007-3012. Staff recommended deletion of the original assessment and placing an area assessment against both unbuildable parcels. If these lots should ever be combined with others to form a buildable site, a full unit assessment would then be levied. *Council members agreed that when ~1r. Cranston purchased the property ~he sewer and water unit assessment would be removed and an area assessment levied. No action was taken. Council members agreed that when Mr. Cranston purchased the property the Council would consider removal of the sewer and water unit assessment and an area assessment levied. ASSESSMENT REVIEW, LOT 1, BLOCK 1, CEDAR CREST: During the recent Board of Review meeting Council members questioned the buildability of this lot. The lot has been assessed one sewer and water unit. Staff recommended deletion of the assessment because of the adverse environmental impact that development of this lot would entail. Mr. Bunger notified the City Engineer that he does not want the assessment removed. No action was taken. *Minutes changed at subsequent meeting. Council Meeting August 2, 1982 -6- The City Manager was instructed to verify with the City Attorney whether any building permit considered for the property would require City Council action in advance of issuance. PARK ONE IMPROVEMENTS: Julius Smith and Frank Beddor were present. Julius Smith requested that the Council allow the developer to postpone utility installation until 1983 because they will not serve the addition proposed for The Press, Inc. I Mayor Hamilton moved to approve the Park One improvements and issue a building permit. Direct staff to prepare a formal resolution authorizing the preparation of plans and specifications for the municipal improvements and finding the petition to be sufficient. Direct staff to prepare a formal resolution authorizing work as a M.S. 429 tax increment project. Waive a public hearing. A petition from the owners agreeing to pay assessments in excess of the tax increment. A development contract outlining the scope of the project including timing, assessments, increment philosophy. The bonding of the project to be done in the SUMner of 1983. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. CONSENT AGENDA: Councilman Neveaux moved to approve the following consent agenda items pursuant to the City Manager's recommendations: a. Animal Control Ordinance, Impoundment Procedures and Charges for Impoundment. (Staff will rewrite the $2.00 late fee section.) b. Kerber Blvd., Chanhassen Lakes Business Park, North and South Frontage Roads East Highway 5 Public Improvement Projects. RESOLUTION #82-46 Adjusting Interest Rates. d. Boulevard Tree Policy. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. II AGRICULTURAL PRESERVES ACT: RESOLUTION #82-47: Councilman Horn moved the adoption of a resolution certifying lands eligible for agricultural preserves as shown on Map A. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilmen Geving and Horn. Councilman Neveaux voted no. Motion carried. BUILDING PERMIT MORATORIUM ON FAST-FOOD RESTAURANTS: Mr. Beck, Attorney representing Mr. Bob Mason, was present. The Planning Commission recommended that the Council establish a 6-month limited moratorium on fast-foot restaurants for all C-2 and C-3 zoning districts lying south of Highway 5. The Assistant City Attorney reminded the Council that if they do adopt an ordinance establishing a moratorium, the Council should setforth their rationale for which they selected the properties that are subject to the moratorium. The inclusion of P-3 zoning districts was discussed. Councilman Horn asked if the moratorium could be expanded to include video arcade type of uses. The public hearing was held only on fast~food restaurants. The I Assistant City Attorney stated that video arcades are not included in the present C-2 or C-3 permitted uses. A letter was received from Mr. David Sellergren, Attorney, dealing with the issue of a building permit moratorium. The Council directed the City Attorney to respond to Mr. , I I ~ Council Meeting August 2, 1982 -7- sellergren's letter and clarify the question of discrimination if p-3 districts are not included and clarification of the existing definitions of C-2 and C-3 zoning districts as it would relate to other types of uses, such as video arcades. Councilman Neveaux moved to table action until August 23, 1982. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hænilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. CONDITIONAL USE PERMIT REQUEST, OFF-SALE LIQUOR STORE, 195 WEST 78TH STREET: Guy Peterson was present seeking conditional use permit approval to establish an off-sale liquor store at 195 West 78th Street. Mr. Peterson has submitted an off-sale license application but the City Attorney's office has found the applica- tion deficient so it did not accompany the conditional use permit reques t . Councilman Neveaux moved to table action on this request to August 23, 1982. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. Mayor Hamilton noted that fresh produce is currently being sold out of the building and asked if this use is allowed in the Central Business District and if approval has been given for the sign. Bob Waibel stated that a section of the CBD Ordinance does not require a permit, "Activities which as determined by the Zoning Administrator, has no significant affect upon the CBD concept objectives". FINAL PLAN REVIEW, LOTUS LAKE MANOR HOMES, B-T LAND COMPANY: Rick Murray and Georgette Sosin were present. The Planning Commission recommended approval of the final development plan with the condition that the final landscaping plan be submitted prior to the signing of the final plat and along with the conditions recommended in the City Engineer's memorandum dated July 22, 1982. Georgette Sosin voiced concern about the amount of additional traffic this development will generate onto Highway lOl and also that these homes do not have basements or a place for residents to go to seek shelter during tornado warnings. Rick Murray explained that MnDOT townhome traffic projections show that a townhome will generate 5! trips per day and a single family home will generate 10 trips per day. Councilman Neveaux moved to approve the final development plan for Lotus Lake Manor Homes as indicated in Exhibit A dated City Council August 2, 1982, and that it follow the applicable recommendations of the Planning Commission minutes of July 22, 1982, the comments of the City Planner dated July 15, 1982, and updated July 22, 1982, and also the City Engineer's July 22, 1982 update from his May 27, 1982, report and that the applicable permits be secured from the various state and federal agencies involved as would be typical for a subdivision such as this abutting a sensative wetland area and further that the city Council Meeting August 2, 1982 -8- Attorney be instructed to proceed to construction of a develop- ment contract for this subdivision. Motion seconded by Councilman Horn. 'The following voted in favor: Mayor Hamil ton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. I ENVIRONMENTAL PROTECTION COMMITTEE BY-LAWS: Council members reviewed the by-laws and suggested that Section 1, 1.1, be expanded to include all environmental problems (water, land, air, etc.). Council members also noted that the Committee should take another look at the 9:30 p.m. curfew. Council members discussed the change to Section 3.1 as proposed by the Planning Commission and felt it should remain as presented by the Environmental Protection Committee dated May 26, 1982. 1983 BUDGET PRIORITIES: The City Manager presented budgets from several communities. Councilman Neveaux suggested that a page be added showing mill rates and valuations for the past several years. The Council determined that a third column, Estimated 1982, should be shown in the 1983 Budget. No other specific changes were noted with this item being primarily a discussion item. MC DONALD'S LITIGATION: The Assistant City Attorney noted that the court order regarding the McDonald's Litigation had been modified requiring the City to issue a building permit when McDonald's has resubmitted the site plan deleting the drive-thru window. In light of the court order no action can or should be taken by the Council unless the Council determines to appeal this decision. Council members generally discussed the attorney's report. No action was taken. I FIRE RELIEF ASSOCIATION: The City Manager noted that documentation required by DeLaHunt Voto from the Wyatt Company has been received and forwarded to DeLaHunt Voto. It's anticipated that a meeting with the Council should occur within the near future. DEFINITION OF CONTRACTOR'S YARD: The Mayor asked that staff sub- mit a copy of the definition of a contractor's yard, per the Zoning Ordinance, in the next Council packet. PARK TWO, PLAT REQUIREMENTS: The Council reviewed the City Manager's report dated August 2, 1982. No action was taken. FALL LEAF COMPOST PROGRfu~: The City Engineer noted that he was currently working with Ginny Harris on a fall leaf compost program. 'l'he City wi 11 be required to make a commi tment of vehicles and manpower. The Council generally agreed the Engineer should proceed with this program. A motion was made by Councilman Geving and seconded by Councilman Horn to adjourn. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. II Don Ashworth City Manager