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1981 11 02 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING NOVEMBER 2, 1981 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 Horn moved to approve the agenda with the additions of discussion on Space for a Recycle Center and Ordinance 45. Motion seconded by Councilwoman Swenson. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. MINUTES: Amend FINAL DEVELOPMENT PLAN REVIEW AND REZONING, PARK TWO in the October 5, 1981, Council minutes by adding: A discussion was held on the fact that this was preceding the new Zoning Ordinance and may set a precedent with the types of uses involved. Amend the second sentence, first paragraph under CONDITIONAL USE PERMIT, AMERIC-INN MOTEL, LOT 3, BLOCK 1, ZAMOR ADDITION in the October 5, 1981, Council minutes to read: Councilman Horn expressed concern about the outside exposure of air conditioning units. Amend the first motion under CONDITIONAL USE PERMIT, AMERIC-INN MOTEL, LOT 3, BLOCK 1, ZAMOR ADDITION in the October 5, 1981, Council minutes as follows: Councilwoman Swenson moved to accept the recommendations of the Planning Commission for a conditional use permit for a 29 unit motel incorporating the Planning Commission recommendations of September 23, 1981, items 1-6 and #6 being revised to include the City Forester and Council. Number 3 be revised, that the applicant receive a land alteration permit from the Riley Purgatory Creek Watershed District and all other agencies that may have jurisdiction over water flow from this property. Additional trees or shrubbery be planted to shield the air conditioning units. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving and Horn. No negative votes. Motion carried. Amend the last sentence, first paragraph under REPLAT AND VARIANCE REQUESTS, LOTS 34, 35, AND 36, SHORE ACRES TO READ: It was noted that a letter was received from Kent Lokkesmoe, Regional Hydrologist, DNR, dated September 17, 1981, expressing concern about the small size (approximately 8,000 square feet) lot along the lake. Councilman Geving moved to approve the October 5, 1981, Council minutes as amended. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilman Geving and Horn. No negative votes. Motion carried. Councilman Geving moved to table action on the October 13, 1981, Council 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. Councilwoman Swenson moved to approve the October seconded by Councilman Horn. The following voted Councilwoman Swenson, Councilmen Geving and Horn. 19, 1981, Council minutes. Motion in favor: Acting Mayor Neveaux, No negative votes. Motion carried. Councilman Horn moved to note the October 14, 1981, 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. Councilman Geving moved to note the October 23, 1981, Sign Committee 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. PRELIMINARY PLAT REVIEW, LOT SPLIT, 6040 YOSEMITE: Mr. Michael Schmidt is requesting approval to split Tract C, RLS 38 into two lots. The newly created lot would be approximately 31,200 square feet in size. The Planning Commission held a public hearing Council Meeting November 2, 1981 -2- and recommended approval and that the newly created lot be assessed one sewer and water unit per the North Service Area Project. Councilman Horn moved to approve the lot split request for the Southerly 120 feet I of Tract C, RLS 38 as measured along the westerly line, with the staff recommendation that an additional sewer and water lateral and trunk be assessed. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. ROOF TOP EQUIPMENT SCREENING VARIANCE REQUEST, FLUOROWARE/EMPAK, 1501 PARK ROAD: Mr. Larry Welter was present. The Council previously considered this on September 21, 1981, and voted to deny the request. Empak is requesting reconsideration at this time. Councilwoman Swenson moved to reconsider the variance request. Motion seconded by Acting Mayor Neveaux. The following voted in favor: none. Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn voted no. Motion failed. SUBDIVISION VARIANCE REQUEST, 7141 GALPIN BLVD., JOCKEY CLUB: Mr. William Dickel was present requesting approval of a 20 acre subdivision off a 174 acre tract of land. The Assistant City Attorney briefly explained the history of the proposal. The Carver County Recorder has refused to allow Jockey Club to record a metes and bounds subdivision unless a Registered Land Survey is filed. The Assistant City Attorney recommended that in view of the unusual situation, with respect to their obligation to permit their bank to file a mortgage against the collateral, that the Council approve the subdivision with the understanding that the owner is not to apply for building permits on the property until such time as Ordinance 45 is rescinded. The existing farm home on the property has been enlarged and would I be a part of the 20 acre subdivision. Councilman Geving moved to approve the request subject to the drafting of the appropriate motion by the office of the City Attorney. Motion seconded by Acting Mayor Neveaux. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Qebó\v.hot.) &\-311'\ Mr. Dickel explained that the existing home on the property will be used as the principal residence for the owner Mr. Larson. The principal offices of the Jockey Club are in Miami, Florida. DEVELOPMENT APPLICATION FEE SCHEDULES AND METHOD OF REIMBURSEMENT FOR CONSULTING SERVICES: Scott Martin presented a proposed fee schedule along with a survey of fees from twelve municipalities. He proposed a revamping of the escrow account system utilized by the City. He recommended that the City Attorney ånd City Engineer bill their costs directly to applicants instead of the current method whereby the City Treasurer bills out the charges. Acting Mayor Neveaux asked if there is a way to place on taxes, charges that are delinquent. The City Attorney stated that a development application form could be drafted that the owner and the applicant would agree as a part of the city's undertaking to look at the proposal that they WQu1d allow for an assessment of all unpaid charges against the property. The City Attorney stated he would like to look further into the question. The City Attorney requested time to study the issue of his office direct billing applicants. Council members generally agreed with the concept for the escrow accounts but felt the proposed fee schedule I should more reflect the actual costs involved by the City. Councilman Horn moved that the Council concurs that the fee schedule should be adjusted but that another recommendation should be forthcoming based on fees more consistent with actual costs. This item will be considered along with escrow accounts at a future council meeting. Motion seconded by Councilwoman Swenson. I I I Council Meeting November 2, 1981 -3- The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. 1982 COUNTY ASSESSOR CONTRACT: Russell Larson - This matter tonight relates to my oplnlon on August 19 relative to the current assessment contract we have with the county for the year 1982. $1.00 per year for all the assessments. Following that report, a copy at the direction of the Council was sent to all the communities in the county including townships and that triggered a meeting on October 23 between the County Attorney Scott Ballou and the City Attorney's for Waconia, Watertown, and Chaska. It appears that the other communities who have not submitted their contracts to the county are waiting to see what the big boys are going to do. That's the statement that was given to me by Luke Melchert. The meeting opened with the statement by Scott Ballou that according to the figures given to him but as yet not verified by him or by us, that the county alleges that it costs them, through the Assessor's Office, $10.00 per parcel to assess each and every parcel of land in the county. Representatives at that meeting were through the four communities mentioned, 7747 parcels of land. 2947 in Chanhassen, 2800 in Chaska, about 800 in Watertown and about 1200 in Waconia. Number 1, Scott Ballou agreed to furnish the cities as soon as possible, with the detailed costs of operating the County Assessor's Office in order that we (the cities) might verify this $10.00 per parcel cost alleged to be incurred by the county for doing this work. I haven't seen anything yet. Second point, the cities are to have until December 23 to make a decision on the local assessor issue. Scott Ballou is going to ask the County Board for leave to keep everything open until December 23rd so that we might make our cost analysis and consider the contract that has been tendered. Number three, the cities are to investigate the costs of employing a local assessor. These costs to include PERA and other benefits and communicate these costs to the other cities involved. We are to check with Hennepin County communities that have their local assessors. Luke Melchert at Chaska is going to check with Scott County and Shakopee and Dave Huber of Watertown is going to check with Wright County and the Waconia man is going to check at MacLeod County to find out whether any of those communities were employing local assessors. The question then came up was to whether or not that gentleman, suppose that we have one under a joint powers agreement, could act as an independent contractor thereby avoiding the fringe benefit costs. This was just a general discussion. We then discussed concern by the City Attorney's that the county might go ahead and assess in 1982 and charge the cities for the 1982 services under the Statute which allows them to do that. It's 273.075. Notwithstanding our opinion on the contract which obligates them, in my view, to do it for $1.00. This action, we agreed, could likely trigger legal action by the cities against the county and Scott Ballou gave us no indication as to what the county's position would be on this. He, of course, serves at the will of the County Board and would not be able to respond to that point. We did express concern that the county might proceed under that Statute which allows them to do so and have the assessing done and then charge the cities at such a fee as the County Auditor might determine. That would trigger a lawsuit either by one of the cities or four cities against the county on the basis of a $1.00 per year contract for 1982. Those cities, Waconia, Watertown, Chanhassen, and Chaska stood fast with Ballou and said we intend, at this point, to hold you to that $1.00 contract and Scott was prepared, he had a lot of books there and had written a small brief taking my opinion apart, but we didn't get into that. We demanded that the county come up with some justification to support Council Meeting November 2, 1981 -4- their alleged $10.00 per parcel cost. I have not seen anything. Acting Mayor Neveaux - If they were to come up with substantiation, verification to that $10.00 cost is that to mean that we might consider that for 1982? I Russell Larson - No. We merely wanted to find out what the true costs were. All four of us were suspicious of these costs. We never did get into discussing any type of a compromise on that $4.00 figure. Acting Mayor Neveaux - You mentioned the date of December 23. Russell Larson - I picked that date out because conceivably we would meet on December 21, that would be a regular council meeting night. A decision would be made by the respective cities or this city whether or not to enter into this contract that has been tendered or to stand fast on our $1.00 position. We asked Scott Ballou to ask the board to give us until December 23 within which to assimilate this information that we have called for, the county's costs for doing this work and for us to investigate the costs of employing a local assessor either individually by city or through a joint powers agreement. Again we discussed very briefly the idea that maybe this assessor would do that on a per parcel charge rather than a salary basis which would carry the fringe benefits. Don Ashworth - From a budgetary standpoint I think we almost have to stand behind the position of $1.00 per year. That would be an additional factor for 1983. I don't know if we will be able to afford it then. We surely can It afford it this year. Acting Mayor Neveaux - I guess we are all behind your letter of August 19. ASSESSOR'S OPINION, TAXATION OF PUBLIC PROPERTY: Don Ashworth - This is just an informational item for the council. The consequences I of it could be quite serious and that's why I am notifying you at this point in time. I think that our first course of action should be an administrative appeal, one from my office back down to both the attorney and assessor's offices. You should be aware that it is occuring. It could have drastic affects on us and you will be updated as we move forward in getting some type of response. I simply cannot believe the opinion that they have taken. RECLASSIFICATION OF AGRICULTURAL PROPERTY: The City Manager has sent a position statement, under the Mayor's signature, to the State Department of Revenue regarding the Ho'vard Hallgren property. Acting Mayor Neveaux stated he objected to the statements made in an October 16, 1981, letter to Chairman Joseph Neaton, Carver County Board of Commissioners, under the signature of Mayor Hamilton in behalf of the Council. DRAINAGE COMPLAINT (IRONWOOD): The City Engineer has talked with Mr. Thomas Wright regarding a drainage problem on his property at 3611 Ironwood Road. The water drains from streets in Minnewashta Heights, state highway right-of-way and property north of Highway 7 to a culvert under Ironwood Road and onto Mr. Wright's property. A secondary drainage problem has developed with water draining from Maplewood Circle overland along Mr. Wright's east property line. The Engineer recomnlended replacing the culvert along Mr. Wright's west property line, reditching along the north edge of Ironwood Road to direct the overland drainage from Maplewood Circle to the new culvert. The Engineer estimated the cost to be approximately $4,000 using city forces. There is not enough money in the budget to finance this, therefore, I the Engineer suggested this become a public improvement project. He has approached MnDOT to participate in the project and was told there is no money available. I I I Council Meeting November 2, 1981 -5- Councilwoman Swenson moved to direct the City Engineer to investigate all alternatives for supplementary funding or contributions toward the project and report to the Council. ~fotion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. PROPOSED WETLANDS ORDINANCE: The City Planner presented the proposed ordinance for Council discussion. Staff recommended that the Council pass this proposed ordinance to the Lake Study Committee for their review and recommendation. Acting Mayor Neveaux suggested that "Density Transfers" be included in the definition section. Councilman Horn moved to refer this ordinance draft to the Lake Study Committee for commencement of review process. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. CONSENT AGENDA: Acting Mayor Neveaux asked if any council member wished to discuss any item on the Consent Agenda. Items a, b, and f were removed. As no additional comments were received, Councilman Horn moved to approve the following items pursuant to the City Manager's recommendations. c. 1981 Diseased Tree Program. Award the bid to Shorewood Tree Service. d. Zoning Ordinance Amendment, Permitted Uses within the P-3 District. e. Instant Web Development Contract. Formalize Previous approvals. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. AMERIC-INN SIGN PERMIT REQUEST: Councilman Horn asked for clarification on the position of signs along Highway 5. Councilwoman Swenson stated that,by ordinance, signs are permitted along Highway 5. There is nothing in the ordinance that restricts free- standing signs in a commercial area. Councilman Horn suggested that the ordinance be amended to prohibit signs along the south side of Highway 5. It was decided that the sign permit will be included with the conditional use permit. SALT/SAND/SNOW PLOWING POLICIES: Councilman Horn asked about alternatives to salt usage for winter street maintenance. The City Engineer will look into alternatives. The location of the salt/sand storage area was discussed. The City Engineer explained the newly constructed storage and ponding areas at the Public Works Building. Councilman Horn felt that there was not an acceptable solution to storing salt in this area and that it should be moved to the old maintenance building. The City Engineer suggested that for convenience and time saving the best location is the Public Works Building. The ultimate solution is to construct a building for storage of salt. BALTIC CORPORATION SETTLEMENT: The City Attorney has negotiated an oral settlement of the Baltic non-conforming use permit litigation with Transamerica Insurance Company for a cash payment of $4700 to the City. The settlement would involve a dismissal of the pending lawsuit against Mr. Kreslins, Baltic and the bonding company and the City would be required to deliver a release of claims. Councilman Geving moved to accept the $4700 settlement with Transamerica Insurance Company. Motion seconded by Councilwoman Swenson. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. RECYCLING CENTER: Councilwoman Swenson stated that she has been approached Council Meeting November 2, 1981 -6- by persons interested in establishing a recycle center in Chanhassen. She asked for council members to suggest a good location. Acting Mayor Neveaux request a packet of amendments to Ordinance 47. Councilwoman Swenson moved to adjourn. Motion seconded by Councilman Horn. The follmving voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Meeting adjourned at 12:05 a.m. Don Ashworth City Manager I I I