Loading...
1977 03 07 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING MARCH 7, 1977 Acting Mayor Neveaux called following members present: and Councilman Pearson were Pledge to the Flag. the meeting to order at 7:45 p.m. with the Councilmen Geving and Waritz. Mayor Hobbs absent. The meeting was opened with the APPROVAL OF AGENDA: A motion was made by Councilman Geving and seconded by Councilman Waritz to approve the agenda as presented. The following voted in favor: Acting Mayor Neveaux, Councilmen Geving and Waritz. No negative votes. Motion carried. MINUTES: Amend APPROVAL OF AGENDA in the February 28, 1977, Council minutes by deleting Councilman Neveaux from the vote on the motion. Add the following sentence after the APPROVAL OF AGENDA motion: Councilman Neveaux came at 7:35 p.m. A motion was made by Councilman Waritz and seconded by Councilman Geving to approve the February 28, 1977, Council minutes as amended. The following voted in favor: Acting Mayor Neveaux, Councilmen Geving and Waritz. No negative votes. Motion carried. 1977 LIQUOR LICENSE FEES - ORDINANCE AMENDMENT: Mr. and Mrs. Tom Krueger were present. The Council deleted the following sentence in Section 6, Subdivision 1 (a) of the proposed ordinance: Dancing by patrons may be incidental to the restaurant operation. Councilman Waritz moved the adoption of Ordinance 2E, an Ordinance Amending Section 6 of the Chanhassen Intoxicating Liquor Ordinance as Amended. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilmen Geving and Waritz. No negative votes. Motion carried. CHANHASSEN CHATTERERS: At the last Council meeting the Council accepted a check in the amount of $145.60 from Rose Peitz, President of the Chanhassen Chatterers. At that time the Council had requested this be an agenda item and pictures were taken. PARK APPARATUS DONATION - CHANHASSEN LIONS CLUB: Gary O'Neill and Phil Aldritt from the Lions Club were present to explain the proposal. The Park and Recreation Commission has reviewed the tot lot project recommended approval. A 150' x 200' tot lot is to be located just north of the baseball diamonds at Lake Ann Park and consist of swings, slide, climbing tower, fireman's pole, post maze, see saw, benches for the parents, activities bulletin board, shrubbery, game tables, and waste receptacles. The project will be completed over three summers beginning in 1977. Councilman Geving moved to approve the concept and City Staff and the Park and Recreation Commission. Councilman Waritz. The following voted in favor: Councilmen Geving and Waritz. No negative votes. coordinate plans with .l'1otion seconded by Acting Mayor Neveaux, Motion carried. LAKE RILEY UTILITY IMPROVEMENT REQUEST: Several residents from Shore Acres and Bandimere Heights were present. A petition for utility expansion to the Lake Riley area \vas received in September 1976 and forwarded to the Planning Commission for review and comment. Sewer extension to the area is feasible but the engineer will need instructions as to whether the feasibility report should include Bandimere Heights. City Council Meeting March 7, 1977 -2- The Planning Commission would not recommend expansion o~ services beyond the need area. Water expansion is not recommended because this would require long extensions through undeveloped lands. Certain road alignment problems could be corrected through I construction of the project. City Staff does not recommend extension of sewer or road improvements unless the project could be 100% assessed at time of completion; and, the Council sincerely believes that if the feasibility study is positive, the Council would order the project. The City Engineer stated that the Council may want to consider the possibility of placing the water pipes in the subdivision so that the road could be restored to 7 ton standards rather than digging up the road at a later time. The initial petition was not circulated in Bandimere Heights. Ron Setter, Bandimere Heights - I guess we were a little surprised that the petition was not brought up that far. We live 100 feet away. This week was the first time some of us knew about it. In my case I haven't made a decision yet if I want sewer or not. Bob McCart, Bandimere Heights - We just built a home on Kiowa Trail and invested a considerable amount of money in a well and septic system so I have all kinds of interest in whether we are going to go into sewer and water. Pat Swenson, Shore Acres - I have contacted as many people as I I was able to and almost everyone I talked to is having problems with their sewer. We actually could have gotten more people than 16 on that original petition but we stopped at that and that seemed to satisfy the administrative as far going ahead with it. We didn't really turn our backs on Bandimere Heights. It was that Kiowa is a turn around and there is a solely owned piece of property that runs between Kiowa and Lake Riley. I guess it just never occurred to me to go beyond that. Ron Setter - I assume the feasibility study would tell where it goes, whether the lake side or the road, because right now the road in Bandimere Heights is not paved, and if it goes in the road I assume paving is part of what we will end up with. Hopefully. The other thing that made me concerned is 6,000 feet away is our water and if I am putting in sewer I would like to have the water at the same time. I am fortunate my sewer and water are not giving me any problems but I think if we are looking at sewer we should also look at the whole works. Bill Brezinsky - You can put the pipe in now at the same time as the sewer only you wouldn't have a connection to I a water source. Councilman Geving - I don't think I have enough information. I would like the City Attorney's comments and recommendations. Possibly go for an informational hearing at some future date to let all the people involved in the area be aware. I I I City Council Meeting March 7, 1977 -3- Councilman Waritz moved to table action until March 21 at which time this will be an agenda item. In the meantime notices will be mailed to all residents of Shore Acres and Bandimere Heights that this will be discussed on March 21. The Council will accept letters and/or petitions at that time and would like public imput before a decision is made on a feasibility study. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilmen Geving and Waritz. No negative votes. Motion carried. TROLLS-GLEN - WEST 77th STREET EXTENSION: ~1rs. Kit Peterjohn was present. The City has received a request from Mrs. Peterjohn to extend West 77th Street between Trolls-Glen First Addition and County Road 15. The extension would allow Mrs. Peterjohn to complete final platting of the second addition. There will need to be a joint powers agreement between Chanhassen and Victoria for putting the road through. Mrs. Peterjohn is requesting that the City extend the street and ~ssess the property. The City Manager recommended the Council not endorce the use of city funds for private development as the process is more expensive to the developer. Mrs. Peterjohn also requested an amendment to the existing development contract to delay the paving in Trolls-Glen First Addition. At this Council meeting Mrs. Peterjohn withdrew this request. Councilman Geving - I would be a little bit fearful of a precedent that we may be initiating if we were to approve the request using city bonding and assessment procedure. I do know that there are other developers who are right now in the process of doing this very same thing. I would have to stay with the staff recommendations not to approve of this request. Councilman Waritz - I think the area needs an outlet. I would hope the Peterjohns could obtain some type of interim private financing. I think they are better off trying to go that route. Even if we have set some precedent in the past there is a saturation point for the city's bonding authority. I would prefer not to go the city route. Everyone says the private sector is much more efficient and I guess I would have to agree with them. Acting Mayor Neveaux - I would have to agree with the City Manager's comments in regard to the city being pretty well out on a limb with our bonding and assessments authorities. Certainly until such time as we get the report from M. J. Long on our existing assessment experience I would be very hesitant to add additional liability to the city at this time. I don't see a real hardship here. I certainly agree that we should extend West 77th to County Road 15. We talked about it initially when the first addition was approved that . it should proceed as rapidly as possible but I guess we have gotten the city into a very tight situation with money at the present time and I just can't see taking ¡;ome additional risks. City Council Meeting March 7, 1977 -4- I think that would be a step beyond which we should not go. I The Council took no action. 1977 DISEASED TREE PROGRAM: The City Manager explained the present program and recommended the Council wait to see what action is taken by the Legislature. A motion was made by Councilman Geving and seconded by Councilman Waritz to table action on the 1977 Diseased Tree Program until such time as the Council receives imput from local sources or from the state. The following voted in favor: Acting Mayor Neveaux, Councilmen Geving and Waritz. No negative votes. Motion carried. PARK ACQUISITION AND DEVELOPMENT ORDINANCE - FIRST READING: The proposed ordinance is geared to a neighborhood park philosophy. It establishes a park demand and charge methodology. For each 100 persons of projected population within each neighborhood the city would require one acre of park land. The developer must show that the land that he has or wishes DO donate meets into the overall neighborhood park plan for the city. Charges vary from $317.00 per single family dwelling to $85.00 for a one bedroom efficiency apartment. Russell Larson, City Attorney - We do have some concerns about the ordinance's defensibility under the existing Statute which authorizes this type of ordinance. I We would like to further explore that situation because I can anticipate that this ordinance may come under very severe scrutiny by the public or developers. We would ask leave of the Council to take an indepth look at this thing. We have done some of that work. I am in sympathy with the concept. Joe Betz, Chairman of the Park and Recreation Commission, was present. Ed Dunn, Lake Susan Hills - I would like to make a few comments. Obviously an adjustment in your park policy is in order. The $40.00 figure I think has no current reality. In the communities we have been working in, there are currently three other than Chanhassen, we have a park policy in each case. The 'amount of land required to be donated, and again there is a stipulation that it be acceptable to the park people, ranges from five to twelve percent in the amount of land. I can't relate it directly, it looks like this is perhaps something more than 15% the amount of land if you figure it on a basis of so many --- You have to start with what is the density and then if it takes 9.6 acres. As regard the alternative, the dollar charge, if you figure your density at the low density range which is on the order of three lots per acre, that would be about $900 per acre. We have quantities of single family dwelling land today that is available for sale that we would sell for $4,000, even if that were $5,000, then it's still 20% of the value. I can appreciate that you have come at this in the direction of figuring the cost to develop a park. I just ask for careful evaluation of dollar amounts relative to market values. I I I I City Council Meeting March 7, 1977 -5- Joe Betz - I think it can be argued any way that you want in terms of whether the particular formula items are valid or not valid. I think it would behoove anybody that wants to go further to try and get as much technical information as you can on what's typical park costs to be developed in a particular area with the costs as they are today and as they will be in the next five to ten years. I think if you look at the resolution, it is simply a model for trying to equitably bring in some money to the city so the city can start to do something with the land and develop a park system that's worth having. I think the resolution itself is viable. As far as the individual items in terms of whether a charge should be $275, $150, or whatever, that's certainly open to you to obtain more data from staff, from the Park and Recreation Commission to come up with a number that you feel confident about. If the numbers that are currently in this are not valid, that's fine, but if the structure of the resolution seems fair to you then I think we are looking for someone to say, let's get more detailed information as to what it would cost to put a ballfield and a swing set in these six parks. I think people will end up being very surprised at what the costs really do turn out to be. Acting Mayor Neveaux - I think that this is something that we should think about very strongly and I certainly wouldn't want to make a decision this evening with only three councilmen present. I personally believe that something has to be done with the existing Park Ordinance. It is not even doing in todays market what it was intended to do in 1967 to just acquire the land. We haven't had any funds avåilable in our park budgets for development of park land. We have been playing catch up for years. If we are going to get started on a good comprehensive park development plan we have got to get some money to do it. I agree personally, with this concept of this kind of approach. I have the same problem with the figures that Dale and Nick and Ed do, that they need some shaking down and some looking at from people such as the developers that.know development costs better than even some of our staff do. I think we can get some imput from some other people within the city and come up with some more realistic figures. Conceptually I agree with the structure of the proposed ordinance and the task to which it's going to be put. Tom Klingelhutz, Hansen and Klingelhutz - My feeling is, it's kind of a big thing. It's one-fifth of the value of our land. I think the farmer out here should know about it because it's going to affect the price of his property. I think there should be some kind of a hearing or something so that. these people know about it. I think it's important. It's 20% of our raw property which is a dirty pile of money. I think that the Park Ordinance has got to be changed. $40.00 is not doing anything. TO donate land and not have something done City Council Meeting March 7, 1977 -6- with it is useless. If you are going to give ten acres or fifteen acres of land to the city something should be done with it but this is a lot of money. I Councilman Waritz - I like the concept but maybe what we are trying to put on it might be a little ambituous. Councilman Geving - I still am very much in favor of the community park and I'll stay with that opinion. I would like to put all our cash in that type of development at Lake Ann. Councilman Waritz - I like the concept. I think particularly for the younger kids so they don't have to cross any major streets. Acting Mayor Neveaux - Maybe we have enough figures to work with from our proposal here. The difference between a $59,000 park and $115,000 park is pretty substantial. Maybe we don't need a lighted hockey rink at each and everyone of those parks. Why don't we get in a little more conservatively to begin with and see if the concept goes. After we have some experience with it we can raise our sights. Councilman Geving - I tend to think that all the figures I see I before me are pretty much inflated. I think we can beat that by quite a bit. I like the philosophy of what you are trying to propose here. I just think your numbers are out of whack. Councilman Waritz - I think the formula idea is good. If they could build in the formula so maybe it would come out'to about half of what, say $160 to $200 per lot. A motion was made by Councilman Geving and seconded by Councilman Waritz to table this until March 21 and direct staff to re-analyze this whole application in concert with several of the developers along with the Park and Recreation Commission and present this again on March 21. The following voted in favor: Acting Mayor Neveaux, Councilmen Geving and Waritz. No negative votes. Motion carried. COW1UNITY FACILITIES INTERIM STUDY CO~ITTEE: Councilman Waritz stated that st. Hubert's would like some feedback from the Council on some kind of commitment on utilization of St. Hubert's Church. Fr. Armand does not want to heat the building for another winter. The building has to be heated or structural damage will occur. The City cannot make a commitment at this time. PROPOSED LEGISLATION - MORITORIUM ON TAXING OF ALL HOME IMPROVEMENTS: The City Manager recommended that the city not support this bill because it would cripple the city's ability to equalize the inequities of the property tax. I I I I City Council Meeting March 7, 1977 -7- Councilman Geving moved that the City of Chanhassen oppose S.F. 103, proposed legislation, Moritorium on Taxing of all Home Improvements, because of the potential of unegual assessment and instruct staff to prepare a memorandum to Senator Benedict with copies to Senator Schmitz and Representative McDonald. Motion seconded by Councilman Waritz. The following voted in favor: Acting Mayor Neveaux, Councilmen Geving and Waritz. No negative votes. Motion carried. ANNUAL LEAGUE CONFERENCE: Council members were reminded to make their reservations if they are planning to attend. C. C. LUDWIG AWARD: Councilman Geving moved to place in nomination former mayor Al Klingelhutz for the C. C. Ludwig Award for Distinguished Municipal Service. Motion seconded by Councilman Waritz. The following voted in favor: Acting Mayor Neveaux, Councilmen Geving and Waritz. No negative votes. Motion carried. SPECIAL MEETING: A motion was made by Councilman Geving and seconded by Councilman Waritz to hold a joint meeting with the Planning Commission to discuss the Highway 5 detour and Upland Water Retention Proposal on March 16, 1977, at 7:30 p.m. The following voted in favor: Acting Mayor Neveaux, Councilmen Geving and Waritz. No negative votes. Motion carried. A motion was made by Councilman Geving and to adjourn. The following voted in favor: Councilmen Geving and Waritz. No negative at 11:00 p.m. seconded by Councilman Waritz Acting Mayor Neveaux, votes. Meeting adjourned Don Ashworth City Manager