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1976 09 13 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING SEPTEMBER 13, 1976 Mayor Klingelhutz called the meeting to order at 8:00 p.m. with the following members present: Councilmen Hobbs, Neveaux, Kurvers, and Waritz. Bill Schoell, Bill Brezinsky, and Craig Mertz were present. OATH OF OFFICE: The oath of office was taken by Nick Waritz to fill the unexpired term of Craig Shulstad for Councilman of the City of Chanhassen. APPROVAL OF AGENDA: A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to approve the agenda as presented. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. MINUTES: Councilman Kurvers suggested that a number 5 be added under WAIVER OF PLAT REQUIREMENTS, ADMINISTRATIVE AUTHORITY in the August 16, 1976, Council minutes, that a lot split should include a division of assessments. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to approve the August 16, 1976, council minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. Councilman Waritz abstained. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the August 17, 1976, council minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. Councilman Waritz abstained. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to approve the August 30, 1976, council minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. Councilman Waritz abstained. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to note the August 11, 1976, Planning Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to note the August 25, 1976, Planning Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to note the August 19, 1976, Ecological Committee minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to note the Park and Recreation Commission minutes of August 17, 1976. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. CONDITIONAL USE PERMIT - ADOLPH TESSNESS: Adolph Tessness was present. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to revert to the original recommendation of the staff in that the Council review the permit again twelve months from the date of the original approval and examine at that time the need for two additional off street Council Minutes September 13, 1976 -2- parking spaces. This would be subject to any complaints that may surface at the city offices prior to that time. Mr. Tessness a9rees to leave the escrow account with the city and he will abide by the I Council recommendation. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. KENNEL PERMIT - BOB GOLLA: Mr. Golla was unable to attend this meeting and asked that this item be postponed. Several residents of Bluff Creek Drive were present. On July 12 the Council acted to deny Mr. Golla a kennel license and he was given 30 days to remove all but two of the dogs. This has not been done. Craig Mertz reviewed the grounds for denying the kennel license. 1. There is continuing violation of the other terms of the Animal Control Ordinance. 2. There is not proper zoning for a kennel. 3. There might not be a proper applicant before the city. 4. There are continuing violations of other provisions of State Law. Residents present objected to the dogs running loose and chasing cars. A motion was made by Councilman Kurvers and seconded by Councilman Hobbs that the city staff and attorney take any action necessary to remove the animals as setforth in the Animal Control Officer's letter of July 8, 1976, so that Mr. Golla is in accordance with the ordinance. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. CBD PARKING LOT: Harry Pauly was present asking if the Council had decided on the size of the property needed around the old village hall. The Bicentennial Commission has suggested a size for the mini park. The Administrator and City Attorney will meet with Harry Pauly and Ann Koltyk to discuss the terms for the remainder of the city property. I VARIANCE REQUEST - RICHARD F. BRUZEK: Mr. Bruzek is requesting a variance to combine two 40 foot lots (Lots 7 and 8, Block 4 Red Cedar Point} to construct a home. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to approve the variance request for the joining of Lots 7 and 8, Block 4, Red Cedar Point for Richard F. Bruzek and that the sewer and water connections be assessed as per city policy. The following voted in favor: Mayor Klinge¡hutz, Councilmen Hobbs, Neveaux, Kurvers, andWaritz. No negative vote~. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to recommend the Planning Commission look at the Red Cedar Point area again. Possibly create a new zoning district to accommodate the Red Cedar Point area as it does not comply with the existing R-lzoning district as written. Carver Beach could be included in the same consideration pursuant to the guide plan. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. I I , I I City Council Minutes September 13, 1976 -3- VARIANCE REQUEST - RODNEY THOMPSON: John Sanders, Attorney, and Rodney Thompson were present. Mr. Thompson has requested that the Council waive the requirements of the Subdivision Ordinance to allow him to build a home on a new parcel of land. The Planning Commission has reviewed this proposal and recommended denial. City Staff considers that the Council has established a procedure for the review of subdivisions and the Planning Comnission to work with individuals and by Council waiving the requirements could be a dangerous precedence and recommended that the Council deny the request presented and further recommended that Mr. Thompson be requested to go back to the Planning Commission and they work with him in the division of this property. The Assistant City Attorney advised the Council that Section 16 of the Subdivision Ordinance is the variance provision. The issue is that, is Mr. Thompson going to be required to go through a formal platting procedure or is the Council going to give him a variance from all of the procedural requirements. Section 16 says that the Council can grant a variance to the Subdivision Ordinance if the Council finds that three factors are present: 1. That there must be some topographical condition or physical condition which would cause undue hardship to Mr. Thompson if he were required to strictly comply with the ordinance. 2. The Council must find that the grant of this variance would not adversely affect the comprehensive city plan. 3. The Council must find that the grant of the variance would not adversely affect the spirit and intent of the Subdivision Ordinance. Mr. Sanders gave a presentation. Mr. Thompson wants to divide off approximately one acre from the six acres owned by his mother. There is access to this property via a private roadway easement. There are presently four other properties that have access on this private easement. Under the platting requirements it would be necessary for Mr. Thompson to subdivide the whole six acres and establish a road from Minnewashta Parkway. Mr. Sanders asked the Council to waive the platting requirements at this time and require at some future date that a road be established. Mr. Thompson feels he should be treated a little differently than other people in this area. To require Mr. Thompson to plat the whole property would cause an undue burden on him. The roadway easement is 20 feet wide and Mr. Thompson has permission of the neighbors and property owners to use that easement. Councilman Neveaux - First of all we should make a determination of whether or not Ordinance 33 applies here. If this is just another building permit to build a house where a cottage once stood or is it a subdivision of land? Everything I have read would indicate it is a subdivision of land. Craig Mertz - The definition section of Ordinance 33 defines subdivision as: The division of a tract of land into two or more lots or parcels of land for the purpose of transfer of ownership or building development. I don't think there is any denying that this is a subdivision request. Bruce's report outlines in detail what the specific problems are or conflicts with the Subdivision Ordinance. City Council Minutes September 13, 1976 -4- Bill Brezinsky - To bring the easement up to city standards, if it would be possible, would be extremely costly because of the steep grade change on both sides of the road. There I would be a lot of fill. The road is very steep. I don't think the abutting properties can afford to put one in. The Red Cedar Point plan shows a cul-de-sac radiating off of Minnewashta Parkway to serve that area. That could be extended to serve at least three of the other homes up there. That's the family property. We don't want to develop that with a bunch of individual lots. I have a brother and a sister and the most we want to do with the property is keep it in the family and build a home. We don't want cul-de-sacs in the middle of that property. We don't want to build a cul-de-sac to help bailout building a road for Chanhassen to serve four houses. We had nothing to do with it. That's what Bruce would like to have. We build a cul-de-sac to serve those other three-four houses. It's ridiculous. Bruce pankonin - Rodney Thompson - Councilman Neveaux - The Red Cedar Point plan was approved by the Red Cedar Point neighborhood. Rodney Thompson - Do you think that my mother or we are going to build a road in the middle of that property and build a great big cul-de-sac? Councilman Neveaux - I don't think I can answer that or you can answer that. Rodney Thompson - I can answer that - no way. Councilman Neveaux - I know that two years from now or ten days from now the whole picture can change. You could die. Your mother could die. The property is sold to another owner. That happens every day. We see it up here all the time. People say, we are not going to develop, we just want a little house in the country and six months later we've got Mr. Joe Developer coming in and he is going to put in some homes. I Rodney Thompson - Can we live with Section 16? Is this a variance situation or not? If we can determine that, well what is exceptional and undue hardship mean. Those sound like quite strong words. strict compliance with the terms could cause exceptional and undue hardship and then if we agree, yes, this is the case, this is an exceptional and undue hardship for Mr. Thompson then in addition to that will that granting of the variance not adversely affect the comprehensive city plan? This is a part of the comprehensive plan, or the spirit and intent of the ordinance. Those I are the things we are considering. I concur with that exactly. What would you say the road would cost? It probably would cost more than the house. I am sure the other things would be able to satisfy most people that it is an undue hardship. It has no affect upon the rest of the development of the City of Chanhassen. I I I City Council Minutes September 13, 1976 -5- Councilman Neveaux - Why can't we see a plan for the development of the whole six acres? That's the intent of the ordinance and then bring it to preliminary plat approval on the whole thing and final plat approval on that one lot with the temporary condition that he be allowed to exit off of this "private road" until. such time as the other property developes according to the plan. John Sanders - You are asking him to plat six acres in a situation where it's the furtherest thing from his mind. At this point in order to use this property it's beating it to death really. Councilman Kurvers - If we were to vote this down what is the next step? Bruce Pankonin - Go back to the Planning Commission with a plan pursuant to the Subdivision Ordinance and then get public impute Councilman Neveaux - What I have seen tonight and what I have read and heard, granting this variance would affect the comprehensive city plan. Rodney Thompson - Where, John, there isn't anything left. There is nothing there that my using the other road could affect because no one else could ever use that. That plan isn't telling you what you have to do with a piece of property, is it? Councilman Neveaux - Until someone comes in with a better plan it is what we work with. Weare looking at the city and the problems that we are going to be faced with in future years and other people coming down the road. You are creating a land locked piece of property. You are creating a one acre piece of property that does not have access to a public road. That's in strict disagreement with the Platting Ordinance. Could we ask the engineer to comment upon the affect from the standpoint of roads into that remaining six acres. Bill Brezinsky - I don't know what affect it would have on it. We could study it. I'll have to have some information. Councilman Neveaux - I think all of the staff has been suffering from a lack of information and Mr. Thompson has attempted to go directly to the variance which he has every right to do but ag~inpart of section 16 is that the application shall be supplemented with maps, plans and other data which may aid in an analysis of the matter. Rodney Thompson - Could I ask exactly what? I would like to know what exactly you would like me to get and maybe the engineer could meet me over at the property. Maybe that would get some answers also. I will get an estimate on a road from Minnewashta Parkway. Councilman Waritz - What would you envision would be the ultimate disposition of the rest of that property? Rodney Thompson - I believe my brother and sister will divide it equally. I can't attest. to that. My brother is now retired and he will someday I assume build and I know my sister someday wants to build. We have no interest whatsoever in selling it to anybody or having somebody else City Council Minutes September 13, 1976 -6- subdivide it. The City Pla,nner recommended the Council deny the· variance request I and bring it back to the Planning Commission for preliminary plát and in the preliminary platting process variances may come up with justifiable facts to back them up. with strict interpretation of Section 16 of Ordinance 33, particularly Section 16.01, Councilman Neveaux moved that the Council not grant a variance under the hardship clause for Mr. Thompson. Motion seconded by Councilman Hobbs. The following voted in favor: Councilmen Hobbs, Neveaux, and Kurvers. Mayor Klingelhutz and Councilman Waritz voted no.· Motion carried. STREET IMPROVEMENTS - MINNEWASHTA WOODS: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to table action for one week during which time staff will get a definite time table from Mr. Swedlund. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. HOUSE MOVING PERMITS: MIKE SORENSON: Mr. Sorenson is requesting a permit to move a house from 7900 Great Plains Blvd. to 7604 Erie Avenue. The Building Inspector has reviewed the house and recommended approval based on the following conditions: 1. The moving company selected by Mr. Sorenson be bonded with the I City. 2. A surety bond, letter of credit, or cash deposit be escrowed with the City in the amount of $2500 to defray any costs for which the contractor would become liable for as a part of moving the structure. Such bond, letter of credit, or cash deposit shall be held by the city for a period not to exceed 90 days. 3. The contractor shall notify the Building Inspector of the proposed route and time of the move and such shall be approved by the Building Inspector prior to such moving. 4. The applicant shall agree to the above conditions. Councilman Hobbs asked if there were any restrictions or covenants on the new lot that would not allow the moving in of the home. A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to approve a house moving permit from 7900 Great Plains Blvd. to 7604 Erie Avenue for Mike Sorenson including the above four conditions. The following voted in favor: Councilmen Hobbs, Neveaux, Kurvers, and Waritz. Mayor Klingelhutz abstained. Motion carried. TIM WICKENHEISER: Mr. Wickenheiser is presently going through the process of subdividing Lot 5, Minnewashta Park into three lots. He plans to move three homes onto the three sites. The Building Inspector has viewed the three homes that are planned to be moved onto the I three proposed lots and finds the homes in conformance with the codes. Staff recommended approval with the following conditions: 1. The approval shall not be valid until after such time as the subdivision of Lot 5, Minnewashta Park is approved by the Council. Should the City Council decide not to allow the subdivision as requested by the applicant, the applicant agrees that he shall not hold the I I I City Council Minutes September 13, 1976 -7- city responsible, in any manner, for approving the moving permit. 3. A $5,000 surety bond, letter of credit, or cash deposit shall be escrowed to defray any costs incurred by the city as a result of damages caused by Mr. Wickenheiser or the mover in moving any or all the homes as proposed. The city shall hold such for a period not to exceed 90 days. 4. The applicant shall notify the city of the time and route via which the homes shall be moved and such shall be approved by the Building Inspector prior to such move. 5. The owner and applicant shall agree in writing to the above conditions. Councilman Hobbs asked if there were any restrictions or covenents on the new lots that would not allow the moving in of the homes. A motion was made by Councilman Neveaux and seconded by Councilman Waritz to approve the issuance of the moving permit subject to the conditions setforth by the Administrator in a letter dated September 13, 1976, and with the addition that this would not be valid until after subdivision approval by the Planning Commission and Council. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Kurvers, and Waritz. Councilman Hobbs voted no. Motion carried. RECONSIDERATION OF CONDITIONAL USE PERMIT - DON HANUS: Mr. present asking the Council to reconsider the requirement of right-of-way easement along the north edge of his property. cost of the land he does not want to dedicate the easement. Hanus was a 40 foot Due to the Mayor Klingelhutz voted to reconsider the conditional use permit and take action at the next Council meeting. Motion died for lack of a second. PETITION FOR WATER SERVICE - WEST 79TH STREET: The City has received a petition signed by Don Hanus and Frank Kurvers requesting water extension to their properties along West 79th Street east of Great Plains Blvd. Mr. Hanus stated he did not wish to go ahead with the petition. Mr. Kurvers stated he did. RESOLUTION #76-69: Councilman Neveaux moved the adoption of a resolution authorizing the City Staff to conduct a feasibility report for water service on West 79th Street in accordance with the petition signed by Franklin J. Kurvers and Don Hanus dated September 7, 1976. Resolution seconded by Councilman Hobbs. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. DESTROYED TREE CLAIM -WESLEY SEARLES: Mr. Searles was present requesting a $300 payment for one tree that died during sewer and water construction. The tree was originally located in street right-of-way and moved for Mr. Searles. Amotion was made by Councilman Kurvers and seconded by Councilman Neveaux to pay Mr. Wesley Searles $100.00 as final payment for this March Frost Evergreen. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. City Council Minutes September 13, 1976 -8- 1977 POLICE SERVICE CONTRACT: Commissioner Wayne Holtmeier was present. Staff recommended approval of the $105,798.00 contract with the following conditions: 1. Carver County hereby agrees that abase level of service will be I established by the county resulting in at least a 3 mill reduction in the county sheriff levy from that of base year 1976. 2. The City of Chanhassen shall not be obligated to this contract should the State of Minnesota determine that an increase in the levy limitations of the City of Chanhassen is not allowed for an amount equal to the reduction in the levy of the county as a result of a transfer of services from the county to the city. 3. The aforementioned contract may be amended by the City of Chanhassen to allow for additional patrol service at the same hourly rate and conditions as set forth in this contract. 4. The last paragraph of subdivision number l, on page 2, shall be deleted and substituted by: Such services shall include the enforcement of State Statutes and such municipal police ordinances of the municipality as are of the same type or nature as State Statutes enforced by the sheriff within unincorporated territory of said county. Services performed thereunder may include, if requested by the municipality, traffic enforcement, license inspection and enforcement. 5. It is understood and agreed that the offenses for which any arrest are made shall be prosecuted in the County Court for Carver County and that one-half of all fines collected pursuant to conviction under the ordinance of the municipality shall be paid over to the Treasurer of such municipality when the arrest thereof was made by a county officer providing the services herein. In the event the arrest was made by county officer not providing such services, the I entire fine shall be paid to the Treasurer of the County. 6. It is understood between the parties hereto that as this policing service agreement may require amendment by either Carver County or the participating municipality, that upon notice given by either party, negotiations will be undertaken for the purpose of revising, adding to or striking any of the provisions of this contract which it appears are unworkable or are insufficient as herein set forth; and, that such changes, which shall have the same effect as though it had been originally a provision of this Agreement. Commissioner Holtmeier explained that the contract is conditioned upon approval from all the cities and townships in Carver County. A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to approve the 1977 Police Service Contract subject to the conditions as outlined in the Administrator's memorandum of September 13, 1976, and subject to approval by all cities and townships in Carver County. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. SALARIES - ELECTION JUDGES: A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to set the salary for Election Judges and Counters for the September 14, 1976, Primary Election I and November 2, 1976, General Election at $2.10 an hour. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. SALARY - GENERAL ELECTION CHAIRMAN: A motion was made by Councilman Hobbs and seconded by Councilman Waritz to set the salary for the General Election Chairman at $3.00 an hour for the September l4, 1976, I I I City council Minutes September 13, 1976 -9- Primary Election and November 2, 1976, General Election. The following voted in favor: Mayor K1inge1hutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. ACCOUNTING CLERK TYPIST: A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to approve the rate of $602.00 per month for the position of Accounting Clerk Typist. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. TEMPORARY EMPLOYMENT - FINANCE DEPARTMENT: A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to hire Joan Heinz for part time employment according to the City Administrator's recommendation in his memorandum of September 13, 1976. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Motion carried. FRONTIER DEVELOPMENT PARK PROJECT 74-lA: Bill Schoell explained the recommended schedule of benefits for assessing this project. The areas that were flooded and could not be developed without the storm sewer are proposed to be assessed at two times the benefit. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to adjourn. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Waritz. No negative votes. Meeting adjourned at 1:l5 a.m. Don Ashworth Clerk-Administrator