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1982 10 04 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING OCTOBER 4, 1982 Mayor Hamilton called the meeting to order with the follpwing members present: Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. Mike Thompson, Planning Commission, was present. The following staff members were present: Don Ashworth, Russell Larson, Craig Mertz, Bob Waibel, Scott Martin, and Bill Monk. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: Councilman Geving moved to approve the presented with the addition of discussion on Carver Beach. seconded by Councilman Horn. The following voted in favor: Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, No negative votes. Motion carried. agenda as Motion Mayor and Horn. CONSENT AGENDA: Councilman Geving moved to approve the consent agenda pursuant to the City Manager's recommendations: a. Chanhassen Home Bakery, Sign Permit. b. New Building Grading Plan, Opus Development Corporation, Lots 4 and 5, Block 5, Chanhassen Lakes Business Park c. Snow Parking Ordinance, Final Reading d. An Ordinance Establishing a Public Safety Liaison Commission, Ordinance 70 Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. PUBLIC HEARING 1983 MUNICIPAL BUDGET INCLUDING PROPOSED USES OF REVENUE SHARING FUNDS Mayor Hamilton called the hearing to order. No interested persons were present. There being no additional public imput, Councilman Horn moved to close the public hearing. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. 1983 MUNICIPAL BUDGET: RESOLUTION #82-60: Councilman Neveaux moved the adoption of a resolution adopting the 1983 Budget, establishing tax levies for 1983, and Jdopting ~ revised 1982 Budget. Resolution seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. (See October 18, 1982 Council Minutes). MINUTES: Amend the September 7, 1982, Council minutes by adding the following to page 2: Councilman Horn - What are the other options that we could use for this State Aid Interest Account? Bill Monk - The Council could undertake any portion of the City's obligation in this project. However, there are monies available in the State Aid Interest Account that are basically unallocated for the year and I see them as a usable means of financing the City's share of this particular project but by no means do we have to use them. Those monies can basically be allocated for any project that the Council would wish to designate. The only monies that have been allocated so far this year are for the Ironwood Drainage Project otherwise the money has not been set up for anything and it is the Council IS discretion to allocate those monies. Council Meeting October 4, 1982 -2- I don't see that there will be any problem with using a portion of next year's interest earnings, if the Council wishes to go that way. $18,000 is the City's participation I if we go on a strict area basis but the total could go to $29,000. Councilman Horn - That takes into account the State Aid portion of interest. Bill Monk - That1s not figured in here anywhere. That's just a suggestion on how the City could pay its share of the assessment. Councilman Horn - I guess what I don It understand is how we got into the State Aid portion of it, the City1s share. Bill Monk - This project is in no way State Aid. All I am saying is that one funding source for the City's share would be to use the interest in the State Aid Fund. This project is not tied in with State Aid in any way. Councilman Horn - My question is, when you are looking at this $29,000 figure, are you taking into account using the interest portion? Bill Monk - Either one, I would suggest that the Council use the State Aid interest whether it assumes 50% or 80% of the storm sewer assessment. Councilman Neveaux - The City's share based upon typical assessment procedures that have been conducted in this City for projects like this, on an area basis, comes out to be $18,000. The maximum that we could pick up would be that 80% figure when that $18,000 would rise to $29,000. Either of those, or any figure in between, will have to be picked up by either I general obligation, which we don't have monies, or take the $18,000 or $29,000 or whatever figure we do decide upon, out of the State Aid Fund. As I see it there is no other option for a source of funds other than perhaps borrowing in the next year. Councilman Horn - I guess my concern is we run into things like this continually and we are not sure what our crisis is going to be for next year. I would hate to allocate all of our discretionary funds before we even get started. Mayor Hamilton - These are 1982 funds. Councilman Horn - But we don't have to spend the money. We can use it in the 1983 Budget if problems come up. Mayor Hamilton - Are you suggesting that you would rather see this amount levied on a general levy? That is an alternative. Councilman Horn - I am not suggesting that. I am only suggesting that we take the 50% portion out of the State Aid not the 70% portion. Amend the September 7, 1982, Council minutes by adding the following to the top of page 6, prior to closing the American Legion Assessment Hearing: Councilwoman Swenson - I think we have in the minutes of July 13, 1981, I the statement is: IIMr. Woitalla, representing the Legion, stated that the Legion members realized they would probably be assessed the whole project costS.1I I I I Council Meeting October 4, 1982 -3- Councilman Neveaux moved to approve the September 7, 1982, Council minutes as amended. Motion seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Horn. Councilman Geving abstained. Motion carried. Councilman Geving moved to approve the September 20, 1982, Council minutes. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. Councilman Neveaux moved to note the September 22, 1982, Public Safety Liaison Commission minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. ZONING ORDINANCE AMENDMENT, ALLOW DRIVING RANGES/MINIATURE GOLF COURSES IN R-1A DISTRICT: John Przymus, Frank Stefanoc, petitioners, and several area residents were present. The petitioners requested that the Council reconsider their action of August 23, 1982, in which the Council acted to amend the Zoning Ordinance to allow as a conditional use in an R-1A District golf driving ranges but not miniature golf courses. Two petitions were presented, one in opposition to the request and one supporting the request. John Przymus gave a brief presentation of the proposal. Dick Lyman and Merle Volk spoke in favor of the proposal. Bill Soth, Dani and John Hennessy, Bob Larsen, Roger Hennessy, Roger Schmidt, Mary Welter, Jerry Gustafson, and Leo Welter spoke in opposition. Councilman Neveaux - Obviously there are two points of view and depending on which side of the table or which side of the issue you sit at both of them are right and that's what makes these decisions up here very difficult. That's why we have zoning ordinances. That's why within the ordinances themselves there are opportunities to modify and change them. Because it was adopted in 1972 does not mean that that stamps it paid in full no changes ever allowed, that we have absolutely looked at every possible situation and every possible land use that will ever occur. If we did you would have to elect one City Council and then adopt an ordinance and then get rid of them because you don't need them any more. What I am trying to get at is I think the issue here is land use. We should attempt to divorce ourselves from the personalities involved. I really feel uncomfortable with these things when you get neighbor against neighbor, businessman against private citizen, farmer versus the non-farmers, polarize the whole community. It's extremely unfortunate. Something that I don't think really in our hearts none of us want. I think we need to look at this as somewhere down the line there has got to be a compatible use for that property. If it were to be R-1A, which is what it is, then it's agricultural residence, you can't put a building on it because we have Ordinance 45 and we want to control building so the land sits fallow. It probably is too small to be an agriculturally economic piece of property as agricultural, so what - Council Meeting October 4, 1982 -4- do you do, just let it sit and the weeds grow and some kind of interim use, I think, is appropriate. My opinion has not changed from several weeks ago I that I think the use on that property would be compatible with everybody concerned and that would be the driving range. I still believe the miniature golf is an intensification beyond the quasi- agricultural usage that the driving range would give to it. My position has not changed. I believe that a driving range could be adequately handled so that it would be a compliment to the area and would be not that different from the approved agricultural uses. I personally do not believe that we could go any further, I could go any further, as far as commercialization. Councilman Horn - My view has not changed strictly from a point of land use. I think as was pointed out, commercial area is justified for the use that was outlined and for things like driving ranges, golf courses which take a large amount of land, require that in an area that is zoned less costly that a commercial area. Councilwoman Swenson - I guess in essence I guess I tend to agree with Councilman Neveaux and Councilman Horn. I have other concerns, however, about the miniature golf and that's a matter of sanitation. I am concerned about, without water, how this can be handled and since this is in an R-1A area I am assuming other I applications would be similarly without sewer. Councilman Geving - I think I realize that if I were to own that piece of property that to do something other than pay taxes to get something back out of the land would concern me as a property owner. I think that that property, much of which is unsewered, is in a transition stage and that some day something will develop there either in an industrial manner or at some point we might consider running a pipe out from Chanhassen all the way to 41, who knows. At the present time I personally don't see anything wrong with the golf driving range. I have conducted my own private survey of about 20 people in Chanhassen. I guess the vote was something like 18 to two very much in favor of the golf driving range but about evenly split 10 and 10 opposed to the miniature golf. My own personal view is that I would be in favor of the driving range only from a sanitary sewer standpoint and what to do VJith water, satellites and I guess eventually, what could happen to another Council if this should go in. Mayor Hamilton - I think for the benefit of all of you folks who may not have had an opportunity to read our ordinance and what the R-1A Agricultural Residence District, the purpose I is, I would like to read it to you. liThe R-1A Agricultural Residence District is intended to provide a district which will allow extensive areas of the village to be retained in a lower population density in advance of the need for these lands for extensive urban purposes and to prevent the occurance of premature scattered urban I I I Council Meeting October 4, 1982 -5- development.1I The purpose of the ordinance, I think, was not to keep the lands from developing. It was to help us develop in a well organized manner over a period of years. I think interestingly enough, if I were a resident out there and someone were to come in who owned that land and proposed to install a pig farm on that corner, they would not have to come to this Council for a permit and you would have that across the street from you. That's a permitted use. I agree, also that the land is probably one of the best locations in the City for this type of use for a driving range and possibly for a mini putt. I do have a problem, however, with the intensification as the other Council members have said. I really would not care to see lighting out there and I guess to my way of thinking if you don't have lights you don't survive in that type of business but that's not my decision to make. I would not want to have any kind of electricity on that piece of property. I wouldn't want flood lights out there. That would certainly, in my opinion, be a terrible distraction to the neighbors. I agree that I think probably the best use for the property is for a driving range and it would fit nicely on that property and mini putt, although it's a good idea, perhaps right now is not the time to do that. Councilman Geving moved to deny the request for an amendment to Ordinance 47-AD to allow miniature golf as a conditional use in the R-1A District. Motion seconded by Councilman Neveaux. The following voted in favor: Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. Mayor Hamilton voted no. Motion carried. Councilman Neveaux moved the adoption of Ordinance 47-AD amending Section 6.04 of Ordinance 47 at points 4 and 10. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. COMPREHENSIVE PLAN AMENDMENT AND REZONING FROM R-1A TO INDUSTRIAL, 8470 GALPIN BLVD. Merle Volk and Al Michaels were present. Mr. Michaels suggested that Ordinance 47, Section 6.04 be amended which would encompass a conditional use permitted under the 1-1 zoning, namely 12.04, sub.3, where it provides that contractor's yards, when conducted entirely within a fully enclosed structures or within a completely fenced area could be included in the R-1A area. That would take into consideration both the agricultural use and the contractor's use. It would solve two purposes, one that Mr. Volk would not be in violation of any of the ordinances and two it gives everyone some time to think about the possibility of changing the entire area to an industrial zoning. Council members discussed expanding the definition of a contractor's yard to be included as a conditional use in an R-1A District. Standards discussed were: percentage of tillable acres, minimum number of acres, screening of buildings, road classification, berming, fully enclosed structure, and building setback. Councilman Horn asked for a survey of these existing kinds of businesses so that the Council would know how many would be included in the definition and how many would be excluded. Council Meeting October 4, 1982 -6- Mayor Hamilton moved to table this item until such time as the Planning Commission reviews a recommendation from staff. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. INDUSTRIAL REVENUE BOND FINANCING, LANDCO DEVELOPMENT: RESOLUTION #82-61: Councilman Neveaux moved the adoption of a resolution Authorizing the Issuance and Sale of $600,000 Commercial Development Revenue Bonds (LandCo Project) Series 1982 pursuant to Minnesota Statutes, Chapter 474 and including Articles 2, 3, and 4. Resolution seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. 1982/1983 LEAF COMPOSTING PROGRAM: gave a report on his progress with fulfill a requirement to become an congratulated Mark for his efforts program. Mark Corpron, Eagle Scout Candidate, the Chanhassen Leaf Compost Project to Eagle Scout. Council members and offered continued support of the OFF SALE NON-INTOXICATING LIQUOR LICENSE, QUICK STOP GROCERIES: Councilman Neveaux moved to grant an Off Sale Non-Intoxicating Liquor License to Guy S. Petersen for his facility at 195 West 78th Street, d/b/a Quick Stop Groceries. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. FRONT YARD SETBACK VARIANCE REQUEST, 6270 RIDGE ROAD: Mrs. John Edwards and Jim Bruce were present seeking a variance to a 56 foot front yard setback condition placed on the property at the time of platting. The applicant wants to be have the ability to place a dwelling within 42 feet of the centerline of the road. The Board of Adjustments and Appeals recommended approval of the request. Councilwoman Swenson moved that the request for the front yard variance at 6270 Ridge Road, Lot 2, Block 1, Edward's Addition be approved. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. PROPOSED ZONING ORDINANCE AMENDMENT ESTABLISHING AN Rl-MH SINGLE FAMILY MANUFACTURED HOUSING DISTRICT: The 1982 Legislature amended the Municipal Planning Act to prohibit the exclusion of mobile/manufactured homes from Minnesota cities effective August 1, 1982. The Planning Commission and staff have prepared a proposed ordinance amendment for the Council to review and approve. Al Schroeder, Minnesota Manufactured Housing Association, was present to discuss the proposed amendment. Scott Martin suggested that the Council invite manufactured home industry representatives to give a presentation. Councilman Horn moved to table action to October 18, 1982. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. I I I I I I Council Meeting October 4, 1982 -7- PROPOSED ZONING ORDINANCE AMENDMENT ESTABLISHING DESIGN STANDARDS FOR SINGLE FAMILY AND TWO FAMILY RESIDENTIAL BUILDINGS IN R-1A. R-1B, R-l, P-l, AND P-2 DISTRICTS: Councilman Horn moved to table action to October 18, 1982. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. CARVER BEACH LAKESHORE: Mayor Hamilton noted that numerous boats are being stored along the shoreline of Lotus Lake. He suggested that staff find out who ownes the boats and give the owners five days to remove them of the City will impound the boats. The boat launch area has been cleared with a caterpillar to the lake. Scott Martin noted that the Park and Recreation Commission will be discussing the boat storage problem at their October 5th meeting. METROPOLITAN COUNCIL PUBLIC HEARING, STATUS OF HIGHWAY 5: Staff will prepare a resolution for Council approval recommending that the Metro Council reconsider the inclusion of Highway 5 in the Metropolitan Highway System Plan that is currently under discussion. A public hearing will be held on Tuesday, October 12. Councilman Horn moved to adjourn. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Meeting adjourned at 11 :15 p.m. Don Ashworth City Manager