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1976 08 02 I I I REGULAR CHANHASSEN CITY COUNCIL MEEI'ING AUGUST 2, 1976 Acting Mayor Kurvers called the meeting to order at 8:00 p.m. with the follQwing rœmbers present: Councilmen Hobbs and Shulstad. Counci:J.Jn:m Nevec3,UX WÇlß pppent. Mayor Klingelhutz carre at 9:00 p.m. The meeting was opened with the Pledge to the Flag. APproVAL OF AGENDA: A mJtion was made by Councilman Shulstad and seconded by Councilman Hobbs to approve the agenda as presented with the addition of Police Contract discussion. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs and Shulstad. tb negative votes. Motion carried. MINUI'ES: A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to approve the July 12, 1976, Regular Council minutes. The following voted in favor: Acting Mayor Kurvers, Councilrœn Hobbs and Shulstad. No negative votes. Motion carried. A mJtion was made by Councilman Shulstad and seconded by Councilman Hobbs to approve the July 19, 1976, Special Council minutes. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs and Shulstad. No negative votes. Motion carried. A mJtion was made by Councilman Hobbs and seconded by Councilman Shulstad to approve the July 26, 1976, Special Council minutes. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs and Shulstad. No negative votes. Motion carried. A mJtion was made by Councilman Hobbs and seconded by Councilman Shulstad to note the Planning Commission !'-blnau/Dubbe public hearing minutes of June 16, 1976. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs and Shulstad. No negative votes. Motion carried. A rmtion was made by Councilman Shulstad and seconded by Councilman Hobbs to note the Planning Corrmission SWeiger public hearing of June 16, 1976. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs and Shulstad. No negative votes. Motion carried. A rmtion was made by Councilman Shulstad and seconded by Councilman Hobbs to note the June 16, 1976, regular Planning Camnission minutes. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs and Shulstad. No negative votes. !'-btion carried. A mJtion was made by Councilman Hobbs and seconded by Councilman Shulstad to note the Planning Commission Plan Amendment Public Hearing minutes of June 16, 1976. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs and Shulstad. No negative votes. ~btion carried. A mJtion was made by Councilman Hobbs and seconded by Councilman Shulstad to note the Planning Corrmission Ecklund and SWedlund PRD public hearing minutes of July 14, 1976. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs and Shulstad. No negative votes. Motion carried. A mJtion was made by Councilman Shulstad and seconded by Councilman Hobbs to note the Planning Commission Schimmelpfennig public hearing minutes of July 14, 1976. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs and Shulstad. No negative votes. !'-btion carried. A motion was made by Councilman Hobbs and seconded by Councilman Shulstad to note the July 14, 1976, Planning Corrmission Public Hearing minutes for Hanus Conditional Use Permit. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs and Shulstad. No negative votes. fution carried. A mJtion was made by Councilman Shulstad and seconded by Councilman Hobbs to note Council Meeting August 2, 1976 -2- the July 14, 1976, Plànning Commission Public Hearing minuteR fo~ Teppnes$ Conditional Use Permit. The following voted in favor: Acting Mayor KU,J:;ye;r;¡:¡, Councilmen Hobbs and Shulstad. No negative votes. Motion carried. I A rrotion was made by Councilman Hobbs and seconded by Councilman Shulstad to note the July 14, 1976, Regular Planning Commission minutes. The following voted in favor: Acting Mayor Kurvers, Councilrren Hobbs and Shulstad. No negative votes. ~,btion carried. A rrotion was made by Councilman Shulstad and seconded by Councilman Hobbs to note the July 20, 1976, Park and Recreation Commission minutes. The following voted in favor: Acting Mayor Kurvers, Councilrren Hobbs and Shulstad. No negative votes. MJtion carried. A rrotion was made by Councilman Shulstad and seconded by Councilman Hobbs to note the July 12, 1976, ŒD Committee minutes. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs and Shulstad. No negative votes. Motion carried. A rrotion was made by Councilman Shulstad and seconded by Councilman Hobbs to note the Ecological Committee minutes of June 22, 1976. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs and Shulstad. No negative votes. Motion carried. PLAN B GOVERNMENT: The Council had requested a report concerning revenues collectible by the city under Plan A, Plan B and Charter forms of government. There is a statute 477A.Ol su.J:division 18 that says that no city, no county, no village, no town, and no l:xJrough shall increase the present tax or impose a new tax on sales. I The Assistant City Attorney stated that a tax on admissions to places of amusement in the city would be a sales tax and is prohibited. The same applies to Plan B. The only way the city could levy an amuserænt tax would be to petition the State Legislature for special legislantion authorizing the city to levy an amusement tax. A rrotion was made by Councilman Hobbs and seconded by Councilman Shulstad to table action on Plan B. The following voted in favor: Acting Mayor Kurvers, Councilrren Hobbs and Shulstad. No negative votes. MJtion carried. ERIE, CHAN VIEW AND WEST 77th STREET IMProVEMENTS: A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to table action until rrore Council members are present. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs and Shulstad. No negative votes. MJtion carried. ProPOSED ŒD PARKING IDT: Harry Pauly was present asking what the city proposed to do with the property behind the businesses on the south side of West 78th Street so that he and Mrs. Koltyk can proceed with their plans for a parking lot. Mayor Klingelhutz carre at this point. City Staff will prepare cost estimates on the city property for leasing or selling the property. I ERIE, CHAN VIEW, AND WEST 77TH STREET IMPROVÐ-lliNrS: Several residents were present. City Staff recommended the Council authorize plans and specifications for the project and instruct the engineers to design the use of standard 3" bituminous curb. - I I I Council Meeting August 2, 1976 -3- Bill Schoell stated that the watershed district has asked that sOIIß of the wa,ter be ponded on the upland area so that the rate of discharge through lot 12 will not be increased from what it is now. Councilman Shulstad stated he would like to know when the check dams on lot 12 were corrected. He \.\Duld like to see a response from the city engineer to the problems that were presented. A mJtion was made by Councilman Shulstad and seconded by Councilman Hobbs that the resolution to order the project on Erie, Chan View, and West 77th Street improvement be tabled until the engineer has replied to the questions raised at this meeting. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, and Kurvers. tb negative votes. !'-btion carried. CATHCARI' FIELD: Steve Frazier, Mayor of Shore\.\DOd, Councilman Bill Keeler, and Elsa Wiltsey, Clerk were present to discuss problems of Cathcart Field. The City Attorney read a letter he sent to the Mayor and Clerk of Shorewood and the answer received from their City Attorney. Cathcart Field is owned by the Minnewashta Congregational Church and leased to the Ci ty of Shore\.\DOd. Parking is provided in the church parking lot across the street except for three spaces next to the tennis court. They would like to install a 40' x 40' concrete platform for a 30' x 30' park building. The City Attorney stated that Chanhassen should have a say regarding the proposed building. The City of Shorewood has put gravel on Cathcart Road and graded it. In the winter a portion of it is plowed by Shorewood so they can get to the hockey rink and plow it. It was decided that Shorew::>od would put up no parking signs along the tennis courts. STABLE PERMITS: A rrotion was made by Councilman Hobbs and seconded by Councilman Kurvers to approve the following Stable Permits with the exception of the Stable Permit for Dawn Pierce, 3859 Red Cedar Point Drive as it requires a conditional use permit: Al Harvey, Route #5, Box 236, Excelsior A. W. Owens, 6535 Redman Lane, Excelsior Clifford Weida, 6398 Murray Hill Road, Excelsior Janice James, 6720 Minnewashta Parkway, Excelsior Richard Chadwick, 420 Lyman Blvd., Chaska John Ziegler, 6920 Minnewashta Parkway, Excelsior Charlés Anderson, 6651 Minnewashta Parkway, Excelsior Howard Hallgren, Route #1, Box 829, Excelsior Larry Wenzel, 6900 Minnewashta Parkway, Excelsior Terry 0' Brien, 1420 lake Lucy Road, Excelsior Keith Bartz, 8411 Great Plains Blvd., Chanhassen Rich Hartman, 1431 Arooretum Blvd., Excelsior David Hansen, 108 Pioneer Trail, Chaska Russell Stoddart, 1161 West 63rd Street, Excelsior The following voted in favor: Mayor Klingelhutz, Councilrren Hobbs, Shulstad, and Kurvers. tb negative votes. MJtion carried. A rrotion was made by Councilman Hobbs and seconded by Councilman Shulstad to authorize the Administrator to approve Stable Permits without Council action if proper procedures have been followed: 1. The Horse Corrmi ttee recommends approval. 2. Proper zoning exists for the parcel or a conditional use permit has been granted for the property and other ordinance requirements have been met. Council Meeting August 2, 1976 -4- 3. Staff advertises receipt of the application and receives no citizen complaints concerning such application. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, and Kurvers. No negative votes. !'-btion carried. I SUBDIVISION OF lAND - DAN SŒIMMELPFENNIG: The Planning Commission held a public hearing and recommends approval subject to dedication of an 8~ foot right-of- way easement along the east property line for a future street. Jim Penberthy, Attorney, and Dan Schirrm21pfennig were present. Mr. Penberthy stated they feel there should not be the requirement to dedicate the 8~ foot street dedication. There is no need for an additional street as roth parcels can be served from the north. It is Mr. Penberthy's opinion that the ordinance does not require the dedication. The City Attorney feels Mr. Penberthy's position is well founded. The ordinance does not speak to the requirement that a right-of-way be dedicated. If and when sewer and water are installed and the street improved to city standards additional right-of-way will be acquired. RESOLUTION #76-46: Councilman Hobbs IIDved the adoption of a resolution approving the su.J:division as presented to the City Council without the dedication of the 8~ foot easement. Any structure erected on the 2~ acre parcel at the easterly portion thereof shall meet all city setback requirements plus 8~ feet. Resolution seconded by Councilman Kurvers. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, and Kurvers. tb negative votes. !'-btion carried. CDNDITIONAL USE PERMIT - AIDLPH TESSNESS: Adolph Tessness was present. The request is to convert an existíng single family home to a real estate office. The Planning Corrmission held a public hearing and recorrmended approval. City Staff recorrmended approval based on 1) submission of engineering drawings detailing future parking areas. 2) Posting an escrow deposit with the city as established by the city engineer sufficient to oover the oosts of additional parking if off street parking is necessary. Such escrow account to be held for one year after or prior to which tine the Council shall determine whether such shall be released or used to have the parking lot improverænt completed. The Council may review the parking needs prior to one year from approval and if necessary require the lot to be constructed and use said escrow account for such construction. 3) All applicable building, electrical, plumbing codes of the city and state shall be complied with for residential structure being converted to corrmercial use prior to occupancy. 4) Said conditional use permit is only valid for the specific realty sales office as proposed and shall be void if a different type of use occurs or if any portion of the building is sub-leased or otherwise used for a different acti vi ty other than realty sales office. 5) The owner and applicant agrees to the al:ove conditions in writing. I A motion was made by Councilman Shulstad and seconded by Councilman Hobbs that the application for conditional use permit for the existing single family home at 228 West 78th Street to a real estate office be approved subject to conditions outlined in the City Staff's memorandum of July 29, items 1-5, pages 3 and 4 of that rœrrorandum. The submission of engineering drawings detailing future parking areas be for the addition of two parking spaces assuming two parking spaces currently exist. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Shulstad. Councilman Kurvers voted no. Motion failed for lack of 4/5 vote. I I I I Council Meeting August 2, 1976 -5- A motion was made by Councilman Kurvers and seconded by Councilman Shulßtad thé\.t the application for conditional use permit for the existing single family home at 228 West 78th street to a real estate office be approved subject to conditions outlined in the City Staff's merrorandum of July 29, items 1-5, pages 3 and 4 of that merrorandum. The suJ:rnission of engineering drawings detailing future parking areas be for the addition of two parking spaces assuming two parking spaces currently exist. The Council shall review the parking needs 30 days from the date of the issuance of the certificate of occupancy and each subsequent mJnth thereafter until the Council deems it necessary to order said improvement and use said escrow account for such construction. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, and Kurvers. tb negative votes. Motion carried. VARIANCE - ROBERT STASKA: The Administrator recorrnrended approval of the variance condi tioned upon the applicant and city engineer \.\Drking out a satisfactory driveway section so as not to disturb local drainage. The Planning Conmission recoITmended approval. A mJtion was made by Councilman Shulstad and seconded by Councilman Hobbs that the variance request be granted subject to the conditions recommended by the Planner and Planning Commission and those conditions be agreed to in writing. 'The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, and Kurvers. No negative votes. Motion carried. SIGN PERMIT - ANIMAL FAIR: 'The city has received a request to construct two signs 11' x 5' for Animal Fair. A portion of their parking lot is on highway right-of-way. One of the signs will be erected near their front door and the other on the west property line 75 feet south of the centerline of West 78th Street. The height of the west property line sign will be 11 feet al:ove the road grade. This \.\Duld make it approximately 14 feet high at the sign location. The sign will have to be located in a different area than was approved by the Sign Corrmittee. A mJtion was made by Councilman Shulstad and seconded by Councilman Hobbs to table action on the west property line sign until the Sign Corrmittee has a chance to review this. The following voted in favor: Councilmen Hobbs, Shulstad, and Kurvers. Mayor Klingelhutz voted no. M:>tion carried. A rrotion was made by Councilman Kurvers and seconded by Councilman Shulstad to approve the sign in front of Animal Fair. The following voted in favor: Mayor Klingelhutz, Councilmen Shulstad and Kurvers. Councilman Hobbs abstained. !'-btion carried. Councilman Hobbs left the meeting at 12:00. NO PARKING ORDINANCE - POWERS BLVD: A mJtion was made by· Councilman Shulstad and seconded by Councilman Kurvers that the Council place the tb Parking Ordinance as it pertains to Powers Blvd., Pleasant View Road, and Rose Lane on first reading. The following voted in favor: Mayor Klingelhutz and Councilman Shulstad. Councilman Kurvers voted no. Motion carried. CONTRACT AMENDMENT - FRONTIER TRAIL: RESOLUTION #76-47: Councilman Shulstad IIDved the adoption of a resolution that Frontier Trail Street Improvement Project 75-4 Contract Amendment #l as described in Schoell and Madson's July 28, 1976, merrorandum be approved. Resolution seconded by Councilman Kurvers. 'The following voted in favor: Mayor Klingelhutz, Councilmen Shulstad and Kurvers. ìb negative votes. MJtion carried. Sally deLancey asked the Council to consider sorre way to slow traffic on Frontier Trail. Bill Schoell stated he will prepare a report on different types of devices that have been tested. Council Meeting August 2, 1976 -6- COMMUNITY DEVEIDPt-lliNT BIDCK GRANT APPLICATION: The Council discussed the application and made no changes: CARVER COUNTY POLICE TASKFORCE: Mayor Klingelhutz attended a meeting of the I Taskforce Committee and brought back a proposal for the Council to discuss. Chaska would be dropped two mills for patrolling at a savings of approximately $40,000. All oontracting municipalities, the mill levy would stay the same. Townships and the City of Mayer \.\Duld have an additional 1. 03 mills. The Council felt this was a reasonable oompromise. A rrotion was made by Councilman Shulstad and seconded by Councilman Kurvers to adjourn. The following voted in favor: Mayor Klingelhutz, Councilrren Shulstad and Kurvers. No negative votes. Meeting adjourned at 12:45 a.m. Ibn Ashworth Clerk-Administrator I I