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1976 06 07 REGULAR CHANHASSEN CITY COUNCIL NŒETING - June 7. 1976 I -- Mayor Klingelhutz called the meeting to order at 8:00 p.m. with the following members presents Councilmen Hobbs and Kurvers. Councilman Shulstad was absent and Councilman Neveaux arrived at 9:JO p.m. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to approve the agenda as presented with the additional corrections of the CBD Parking Lot City Hall Restoration and City Hall and discussion of East 79th Street for presentation. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Motion carried. I' MINUTES: Motion was made by Councilman Hobbs and seconded by Councilman Kurvers to amend the May 17, 1976, regular Council minutes, page J. Attorney and Administrator to investigate the problem and get back with a recommendation so staff can get back with Mr. Friberg regarding his problem. Page 2, East Lotus Lake Sewer, Water and Street Improvement Project 75-10 -- Motion was made by Mayor Klingelhutz and seconded by Councilman Hobbs to amend the minutes to read: "adoption of a resolution approving and authorizing East Lotus Lake improving project 75-10, directing the preparation of plans. etc.". The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Motion carried. Page 4 -- Non-Intoxicating Beverage License: Motion was made by Mayor Klingelhutz and seconded by Councilman Kurvers to amend the minutes to read "to grant the St. Huberts Church a Non- Intoxicating Beverage License for the city picnic in the park, on May 2J, 1976." The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Motion carried. Motion made to approve the minutes of May 17, 1976, as amended by Kurvers and seconded by Councilman Hobbs. Motion carried. A motion was made by Mayor Klingelhutz and seconded by Councilman Hobbs that the minutes of the Special Council Meeting - May 24, 1976, be approved. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to note the Planning Commission and Public Hearing minutes of May 12, be noted. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Motion carried. I A motion was made by Councilman Kurvers and seconded by Councilman Hobbs that the minutes for Lot 9, Frontier Development Park of May 26, 1976, be noted. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Motion carried. Regular Chanhassen City Council Meeting - J·une 7, 1976 -2- A motion was made by Councilman Kurvers and seconded by Councilman Hobbs that the minutes for the Planning Commission I Public Hearing minutes for Frontier Dodge of May 26, 1976, be noted. The following voted in favor & Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Kurvers and seconded by Councilman Hobbs that the minutes for the Planning Commission Public Hearing for Brown's Standard Conditional Use Permit of May 26, be noted. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Motion carried. The Regular Planning Commission minutes was also included in this motion. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers that the minutes of the Park and Recreation Commission of May 4, 1976, be noted. The following were in favor: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers that the minutes of the Park and Recreation Commission of May 18, 1976, be noted. The £ollowing were in favor: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers that the minutes of the Park and Recreation Commission of June 1, 1976, be noted. The following were in favor I Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Motion carried. I A motion was made by Councilman Kurvers and seconded by' Councilman Hobbs that the minutes of the Bicentennial Commission of May 1J, 1976, be noted. The following were in favor: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers that the minutes of the Central, Business District Committee of April 19, 1976, be noted. The following were in favor I Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Kurvers and seconded by Hobbs that the minutes of the Central Business District of May J, 1976, be noted. The following were in favor: Klingelhutz, Councilmen Hobbs and Kurvers. No negative Motion carried. Councilman Committee Mayor votes. I Regular Chanhassen City Council Meeting - June 7, 1976 -J- I RESIDENTIAL KENNEL PERMIT APPLICATION - R. Metcalf, 6420 P·owers Blvd. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to table action until further investigation could be made. The following were in favor: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Motion carried. ANIMAL CONTROL ORDINANCE: A motion was made by Mayor Klingelhutz to table action until 4/5th of Council would be present. Councilman Hobbs seconded. Councilman Kurvers voted no. Mayor Klingelhutz voted yes. Motion carried. VISITOR PRESENTATION: Dick Black was present to state that there is a traffic problem on the Santa Fe Trail. Several children have been injured and a couple of pets killed. Councilman Hobbs stated he would like an answer as to how often the Radar Police car was protrolling the area. Administrator stated that the unit might be able to be out in the problem areas at spotted times. If the citizen can get the name of the speeder and report it to the Police Department the Police will follow it up. 1 NEW BUSINESS -- Sign Committee - Duscussion of Plans: Bruce Pankonin, City Planner, Adolph Tessness and Stelioe Aslanidis were present. A request was made by the Sign Committee for the approval of the sign to be located at 101 and 5. Adolph Tessness discussed the Notational Graphics Plan Concept. Stelios Aslanidis discussed the Thematic Elements of the City's Notational Graphics Plan. Bruce Pankonin discussed the Plan Implementation. Motion was made by Councilman Neveaux to approve and authorize the construction within the budget of the sign on the condition the proper easements are obtained. Seconded by Councilman Kurvers. The following voted in favor: Mayor Klingelhutz, Councilmen Kurvers, Hobbs and Neveaux. No negative votes. Motion carried. Conditional Use Permit - Car Wash (Brown's Standard - Hwys. 5 & 101): Proposal to construct an 16 x J2 foot drive-in/drive-through car wash bay adjacent to and north of the principal structure. Motion was made by Councilman Hobbs that Council grant conditional allowance to Standard Oil for construction of a 16 x J2 foot drive- in/drive-through car wash and permit be drafted by City Staff with City Attorney approval. City Att~rney to draw up a bond to cover the landscaping to the amount of $J500. Seconded by Councilman Kurvers. The following voted in favor: Mayor Klingelhutz, Councilmen Kurvers, Hobbs and Neveaux. No negative votes. Motion carried. I Variance ReQuest - Front Yard Setbacks (510 Pleasant View Road): The applicant is petitioning for a ~.4 foot front ya~d variance so that he can construct a 12 x 28 foot addition to the existing structure. Motion was made by Councilman Kurvers to approve the variance request of John and Kathleen Enochsen. Seconded by Councilman Hobbs. Discussion was held. City Attorney, Russ Larson: Regarding the Planners comments on Page 2 of his report of May 19, 1976, I am not in total agreement with this discussion relating to non-conforming use application to this property and do not wish to get into a discussion with the Council at this time except to point out that there is some Regular Chanhassen City Council - June 7, 1976 -4- question in my mind as to the application of the non-conforming use section of the Ordinance as it relates to this piece of residential property. To be discussed with staff. Question called on the motion. The following voted in favors Mayor Klingelhutz, Councilman Kurvers, Hobbs and Neveaux. No negative votes. Motion carried. I Rezoning, Conditional Use Permit and Site Plan Ap~roval - Lgt 9, Frontier Developmëñt·-pàrk.-(Frontier-Dódge~ ," The -cIty-has- rec·eived ã. "peti tTöì1--fr"om Chuck~~fowie, ~"owner of Lot 9-~- Block 1, Frontier Development Park, to rezone said parcel from 1-1 to C-J, Service- Commercial. Councilman Hobbs stated his and the Councils concern regarding the zoning in the Frontier Development Park and thinks the Planning Commission should take a good look at it and possible come up with a Public Hearing to change the zoning of the remaining lots in that area. Motion made by Councilman Hobbs that Lot 9, Block 1, Frontier Development Park be changed from 1-1 zoning to C-J service-commercial. Seconded by Councilman Kurvers. The following voted in favors Mayor Klingelhutz, Councilmen Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. Conditional Use of the Open Fields Bruce Pankonin suggested that no noise should be transmitted beyon@ the property line and use some type of censor instead of a loud speaker. The applicant has not finialized the Lighting Plan beaause the City is waiting I for the location of the parking lot. If the City Council approves this conditional use for the location of the parking lot, the Planning Commission wants to see the Lighting Plan and then pass out their recommendation. Landscaping applies with the Ordinance division. The Planning Commission recommended that the Council approve the Conditional Use Permit with the stipulation of a satisfactory lighting plan be worked out with the City Engineer and the Planning Commission Council prior to issuance of any Building Permit, and that the parking lot be shifted to the 25 foot set-back. Cars shall not be parked on the seeded area. If additional storage is needed, the petitioner should realize that this is an amendment to the Conditional Use Permit. Councilman Neveaux made a motion that the Conditional Use Permit be approved tying in the recommendation of the Planning Commission and the City Planner who's recommendation is of June 2, 1976 and the City Engineers recommendation in the same letter. Seconded by Councilman Hobbs. The following voted in favor & Mayor Klingelhutz, Councilmen Hobbs, Neveaux and Kurvers. No negative votes. Motion carried. Site Plan Approval: The Commission recommended that the site plan be approved in full recommendatiQn with the Commissions reconunendation. Motion was made by Councilman Neveauxthat the site plan be approved with additional 25 foot front yard set-back. Seconded by Councilman Kurvers. The following voted in favor: I Mayor Klingelhutz, Councilmen Hobbs, Neveaux and Kurvers. No negative votes. Motion carried. - Regular Chanhassen City Council Meeting - JURe 7, 1976 -5- I Variance Request - Platting Requirements j!.\.nollway Es.tates) I Staff has received a request to sub-divide the 14 acres platt known as Knollway Estates into two parcels of 9 acres and 5 acres. Staff recommending that the request be denied as presented on the basis of the Ordinance itself. Jack Clark was present to speak for the owners. Ordinance 45 prohibits platting in the rural area. Councilman Neveauxl Q~dinance 45 is still in effect and is it the philosopny of the Council at this time. Development is being kept out o£ the unsewered areas and putting it into the areas where either sewer and water is in or eminent. It has been the Councils philosophy to promote development only in the sewered areas. This must be reaffirmed. Councilman Hobbs: I disagree. This is a situation of merely one or two homes not ten. This type of a situation should be looked at. Councilman Neveaux: It was the intent to discourage the dividing of any kind unless the tube was in the ground. I Councilman Neveaux moved that the request be denied according to Staff recommendations. Seconded by Frank Kurvers. The following voted in favor: Councilmen Neveaux and Kurvers. The following voted negative: Councilman Hobbs and Mayor Klingelhutz. Motion fails. Councilman Hobbs: I want to clarify my position for the record. I do not mean I would be compeled to vote for it. I felt it was feasible for the owner to go through the motions to divide the 14 acre into two platts and how I would vote would be dependent on what I saw in front of me at the time. Councilman Neveaux: I feel we should talk more about Ordinance 45 with the whole Council. Mayor Klingelhutz: In my opinion if any land was feasible for the Variance, this one was, but someone coming with 80 acres would have to be taken a good hard look at. I Authorization to Advertise for Bids, Street Improvement (Laredo Lane Addition): The City's Consultant Engineers have completed plans and specifications for streets and curb and gutter in the Laredo Lane Addition as requested by the Council. It is recommended that the Engineer be authorized to advertise for bids for this project. Councilman Hobbs moved and Councilman Neveaux seconded. All in favor. Motion carried. p,,' '/<~ )! ,( I ; ; : Regular Chanhassen City Council Meeting - June 7. 1976 -6- . '. ;Easemªnt Vacation. Ca.l.:ver~n_Beach Impr_Ç)yemept :Ero..iect (R.. Me·tealf) I I The City's Consultant Engineers are recommending that an original construction easement across the RonaldMetcalf property be vacated as Mr. Metcalf has agreed to a necessary realignment of the easement. It is recommended that the original easement be vacated. Motion was made by Councilman Hobbs and seconded by Councilman Kurvers that easement be vacated. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs. Kurvers and Neveaux. Motion carried. Motion made by Councilman Hobbs and seconded by Councilman Kurvers that the Mayor and City Clerk execute the necessary documents. All in favor. Motion carried. Motion made by Councilman Hobbs and seconded by Councilman Kurvers to approve the resolution of the vacation of the Metcalf easement. All in favor. Motion carried. Joint poy,rers._Agr_eement - n W.a.ter Operator IS $ervic.es. ( City ofVicto~ia): The City of Victoria is in the process of digging a well. Would the City of Chanhassen be willing to provide water operator services on a contract basis. Staff charge of $50 per week would be reasonable for this service. The Staff recommended that the Council approve a letter that would be sent to the City of Victoria outlining the conditions that we would be willing to enter our contract on if the City of Victoria would then be interested in approving it. Then the City Attorney would draw up a Joint Powers Agreement which would be brought back to the Council and to the City of Victoria for signing. Meters to be .1 read at the well house. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to authorize the Staff to prepare a letter in response to the City of Victoria's request stating the terms under which we would be willing to enter an agreement including their request of tonight. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. COUNCIL PRESENTATION: Bi-Çentennial Co~ission - Çoµn9i~man_~ºbbs: A motion was made by Councilman Kurvers that the Bi-Centennial Commission should restore the old Village Hall and construct mini-park. Seconded by Councilman Neveaux. All in favor. Motion carried. ~East 79th Stree.t .- Coynci;Lman Kuryers: Motion was made by Councilman Hobbs and seconded by Councilman Neveaux that the escrow account be in by June 16, and on Planning Commission agenda with recovery or restoration to the street. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Neveaux. Councilman Kurvers abstained. Motion carried. Post Office I Motion was made by Councilman Neveaux and seconded by Councilman Hobbs to set up an appointment with the administra- tors of the Post Office t·o consolidate as many Post Offices as I possible. All in favor. Motion carried. Regular Chanhassen City Council Meeting - June 7, 1976 -7- I ADMINISTRATIVE PRESENTATIONS: Franco Loris Restraining Order: Scheduled for court June 8, 1976. They are asserting that a Non-Conforming Use situation exists for the allowance of Horse Shows and a School of Horsemanship. Easement Acquisition Policy - East Lotus Lake Sanitary Sewer and Water Project 75-10: Request made that the Council approve the policy as set out in the City Attorney's confidential letter of May 28, 1976. Councilman Hobbs moved and Councilman Neveaux sedonded. All voted in favor. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to adjourn. The following voted in favor: Mayor Klingelhutz, Councilmen HObbs, Kurvers and Neveaux. No negative votes. Motion carried. Meeting adjourned at 12:00 Midnight. Dan Ashworth Clerk-Administrator 1 I jiw