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1977 01 24 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING JANUARY 24, 1977 Mayor Hobbs called the meeting to order at 7:00 p.m. with the following members present: Councilmen Neveaux, Waritz, Pearson, and Geving. The meeting was held at the Chanhassen Elementary School. APPROVAL OF AGENDA: A motion was made by Councilman Pearson and seconded by Councilman Waritz to approve the agenda with the following additions: discussion on Hockey Rinks and Highways 212-169 traffic problem and 1977 insurance bids. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Waritz, Pearson, and Geving. No negative votes. Motion carried. MINUTES: A motion was made by Councilman Waritz and seconded by Councilman Pearson to approve the regular Council minutes of January 3, 1977. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Waritz, Pearson, and Geving. No negative votes. l.1otion carried. A motion was made by Councilman Pearson and seconded by Councilman Geving to approve the Community Development Block Grant Public Hearing minutes of January 10, 1977. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Waritz, Pearson, and Geving. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Pearson to approve the January 10, 1977, special Council meeting. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Pearson, Waritz, and Geving. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Waritz to note the Regular Planning Commission minutes of January 12, 1977, and public hearing minutes of January 12, 1977. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, Pearson, and Waritz. No negative votes. Motion carried. A motion was made by Councilman Pearson and seconded by Councilman Waritz to note the January 4, 1977, Park and Recreation Commission minutes. The following voted ~n favor: Mayor Hobbs, Councilmen Neveaux, Geving, Waritz, and Pearson. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Waritz to note the January 13, 1977, Ecological Committee minutes. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Geving, Waritz, and Pearson. No negative votes. Motion carried. ORDINANCE M1ENDMENT - FIREARMS: Section 2, Weapon Permits Not Transferable was changed to read: Weapon permits shall be personal to the applicant, and shall not be transferable from one person to another, or from one weapon to another, or from the location for which the subject weapon permit was issued, and no applicant shall use the subject weapon for purposes other than those specifically described in the permit therefor. Section 3.02, No Shooting Zones was changed to read: Sections 1.02 and 1.03 of this ordinance notwithstanding, no permit shall be issued for the discharge of any weapon, and no weapon shall be discharged, within the following locations: a. All that part of the City of Chanhassen lying northerly of the centerline of State Trunk Highway #5. City Council Meeting January 24, 1977 -2- Councilman Neveaux moved the adoption of Ordinance 9A as amended this evening. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Geving and Neveaux. Councilman Pearson abstained. Councilman Waritz voted no. Motion I carried. PUBLIC HEARING COMMUNITY DEVELOPI,1ENT BLOCK GRANT PROGRAM JANUARY 24, 1977, AT 7:45 P.M. Mayor Hobbs called the public hearing to order. The following interested persons were present: Paul and Lou O'Dell, 8012 Dakota Avenue, Chanhassen Dennis and Audrey Flemming, 8017 Dakota Circle, Chanhassen Dorothy Gale, 8402 Great Plains Blvd., Chanhassen Anna Eastburn, 8003 Dakota Avenue, Chanhassen Mr. and Mrs. will Johnson, 1660 West 63rd St., Excelsior Roger Pauly, 17450 West 78th St., Eden prairie Ronald Roeser, 222 Chan View, Chanhassen Kenneth W. Smith, 8928 Neill Lake Rd., Eden prairie Mary Smith, Box 88, Chaska Anita Klein, 8405 Great Plains Blvd., Chanhassen David Tester, 502 Highland Drive, Chanhassen Mary and Al Klingelhutz, 8601 Great Plains Blvd., Chanhassen Shirley Margerum, 8005 Cheyenne Avenue, Chanhassen Gene Coulter, 7550 Great Plains Blvd., Chanhassen Jeff Cavins, 7380 Longview Circle, Chanhassen Susan Bach, 8404 Great Plains Blvd., Chanhassen This is the second of two public hearings required for a block grant application to give citizens an opportunity to offer their suggestions for the program. Projects submitted to the City Council for consideration at the last public hearing included: 1. A request from the Park and Recreation Commission to have the city join the Suburban Joint Trails Commission and take part in a trail system plan as developed by Beckman Yoder and Associates. 2. Expansion of Lake Ann Park and facilities in such. 3. The municipal van connected with Community Schools and Community Services programs. 4. Lake Riley Sewer Improvements. 5. Carver Beach - Second Access Road. 6. Remodeling funds for an extension library and community center. 7. Purchase of land on the north side of Lotus Lake for park. 8. Improvements in Western Hills Park. 9. Elderly and low and moderate income housing. I Mary Klingelhutz - I don't have an additional project. I would like to recommend to the Council that they use the funds for remodeling the church for a branch library. Bruce Pankonin - Historical preservation is an eligible project. Construction of a branch library is an eligible project. Whether it promotes low and moderate income housing would be questionable on the ranking scale. I I I I City Council Meeting January 24, 1977 -3- Roger Pauly - I think many of us are here because of the situation existing with the old church building. I am sure you all know st. Hubert's Church has a new church and there is some question as to what the old church building can be used for in the future. This proposal for a possible public library came to our attention and I think that is the reason most of us are here. Is the library proposal conditioned only upon receipt of the federal grant? We were advised that the county had indicated some interest in establishing a library here in Chanhassen and further there might be some interest in the use of the church or a portion of it for that facility. Would such a facility be funded only by this federal grant and if so, is it a continuing thing or a one shot deal. Mayor Hobbs - In terms of the City of Chanhassen, we could make applications under the Community Development Block Grant, it would be to specifically set it up. I don't believe they have an ongoing type maintenance. Councilman Neveaux - How does HUD or Met. Council look at mixed bags of requests? A community puts together several kinds of projects rather than a specific project. Bruce Pankonin - Last year the primary emphasis was on community centers.The emphasis this year is on building of projects for low and moderate income people. The total project cannot exceed $500,000. Each individual project cannot be less than $25,000. Each one of the projects would be ranked according to HUD's criteria, not grouped together. Al Klingelhutz - I am looking at something here which this group of people is trying to do. They are looking at the old st. Hubert's Church. They are looking to have it saved for the City of Chanhassen as a landmark. Our facilities are getting so meager around here that we have got to have a Council meeting in a small room where only about five people can get in and sit down comfortably. We have got a large building over there with lots of square footage and it looks to me like it would make a good community center and a branch library plus an area for kids down the basement for a recreational center. We have got an historic building there that's been a landmark in Chanhassen and people that have come into town that's one of the first things they say, that church on main street with that high steeple we can see it from Highway 5 two miles to the west, we can see it from Highway 5 two miles to the east, we can see it coming up 101 and it is a landmark in Chanhassen. If something isn't going to be done that landmark is going to go. That's what these people are trying to tell you tonight. They've come to the City Council to ask yoU¡ can you try to get a community block grant to save that landmark. City Council Meeting January 24, 1977 -4- A motion was made by Councilman Neveaux and seconded by Councilman Pearson to close the public hearing. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Pearson, Waritz, and Geving. No I negative votes. Hearing closed at .8:30 p.m. Don Ashworth City Manager COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION: A motion was made by Councilman Pearson and seconded by Councilman Neveaux to direct the City Planner to prepare a Community Development Block Grant Pre-Application for items 5 and 6 (Carver Beach - Second Access Road and Remodeling funds for an extension library and community center) in the City Manager's memorandum dated January 24, 1977. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Pearson, Waritz, and Geving. No negative votes. Motion carried. ZONING ORDINANCE AMENDMENT - R-IB ZONING DISTRICT: A motion was made by Councilman Neveaux and seconded by Councilman Geving to table action and request staff to prepare a suitable pre-amble to the proposed ordinance. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Pearson, Waritz, and Geving. No negative votes. Motion carried. LOT SUBDIVISION - WARD OLMSTED: Mr. and Mrs. Ward Olmsted, Charles Erickson, and Mrs. Tom Wright were present. Staff recommended approval of the request with the following conditions: 1) The applicant agrees to restrict construction of any structures within the proposed right-of-way and setback from such. 2) Applicant agrees that no buildings on the proposed lot shall occur closer to the lake than the existing setback from the lake of the existing homes, specifically ten feet north of the lake side of the Wright's home to the west. 3) Applicant agrees to pay the additional sewer and water units on the lot as subdivided. 4) The applicant and owner agrees to the above conditions in writing. I A motion was made by Councilman Pearson and seconded by Councilman Waritz that a variance with the above conditions be approved. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Pearson, Waritz, and Geving. No negative votes. Motion carried. DUTCH ELM DISEASE: Gene Coulter was present requesting Council imput and city policy on dutch elm disease. BILLS: A motion was made by Councilman Neveaux and seconded by I Councilman Pearson to approve the December bills and a portion of the January bills as presented. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Pearson, Waritz, and Geving. No negative votes. Motion carried. I I I City Council Meeting January 24, 1977 -5- LANDSCAPE PLAN -COUNTRY CLEAN: Don McCarville was present. Staff recommended approval conditioned upon the following: 1) All such landscaping, fencing, and outside storage shall be completed by May 15, 1977. 2) The applicant and owner agree that the addition to the structure is a conditional use permit of the applicant, personally, and, further, that if: a. Mr. McCarville ceases to own or lease the property, or b. After three (3) years from date of approval¡ the addition shall be removed by the applicant at his expense. 3) The applicant and owner agree to keep posted in a conspicuous place the terms and conditions of the conditional use permit as prepared by the City Attorney in accordance with the Council approval. 4) The applicant shall post a $1,000 cash deposit or other form of security which the City can use to complete the landscaping and fencing as required herein or to pay expenses in causing the owner or applicant to have the building removed as required in #2 above. 5) The owner and applicant agree to the above conditions in writing. A motion was made by Councilman Geving and seconded by Councilman Neveaux to instruct the City Attorney to draft a conditional use permit outlining the above conditions and instruct Mr. McCarville to prepare a landscape plan for Planning Commission approval. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Pearson, Waritz, and Geving. No negative votes. Motion carried. LIQUOR LICENSE REQUEST - KEN BEIERSDORF: Ken Beiersdorf was present to discuss his plans for a restaurant along Highway 5 in Hennepin County. The Council generally were receptive to the restaurant/ liquor license concept but felt a frontage road in this area in an important safety factor. CARVER BEACH PROJECT - BOWEN EASEMENT: RESOLUTION #77-07: Councilman Neveaux moved the adoption of a resolution clarifying award in eminent domain action involving City of Chanhassen and Robert M. Bowen and Lois A. Bowen. Resolution seconded by Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Pearson, Waritz, and Geving. No negative votes. Motion carried. ECOLOGICAL COMMITTEE APPOINTMENT: A motion was made by Councilman Neveaux and seconded by Councilman Geving to accept; the Ecological Committee's recommendation to appoint Gary Eastburn to the committee. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Pearson, Waritz, and Geving. No negative votes. Motion carried. HOCKEY RINKS: The Council discussed the inadequate lighting on the hockey rinks. This item should be on the Park and Recreation Commission agenda for recommendations to the Council. HIGHWAYS 169/212: Councilman Waritz discussed the traffic problem now that the bridge at Savage is closed. The Council would like a report on traffic conditions from the Sheriff's Office. City Council Meeting January 24, 1977 ~6- ENERGY CRISIS: There will be a Council meeting February 7 as scheduled. A second meeting during February mayor may not be held depending on business. I A motion was made by Councilman Pearson and seconded by Councilman Neveaux to adjourn. The following voted in favor: Mayor Hobbs, Councilmen Neveaux, Pearson, Waritz, and Geving. No negative votes. Meeting adjourned at 11:30 p.m. Don Ashworth City Manager I I