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1975 04 07 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING APRIL 7, 1975 Acting Mayor Kurvers called the regular Council meeting to order at 7:30 p.m. on April 7, 1975, with the following members present: Councilmen Hobbs, Shulstad, and Neveaux. Mayor Klingelhutz came late. The meeting was opened with the Pledge to the Flag. MINUTES: A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to approve the March 17, 1975, Council minutes. The following voted in favor: Councilmen Neveaux, Hobbs, and Kurvers. Councilman Shulstad abstained. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Shulstad to approve the March 31, 1975, special Council minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Neveaux, Shulstad, and Kurvers. Councilman Hobbs abstained. Motion carried. Councilman Shulstad has talked to people at Metropolitan Recycling and the future of their very existance is in question. He is hoping to have additional information in the next two weeks. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to correct the March 31, 1975, Public Hearing minutes on Street Improvement Project 75-1 by adding: Mayor Klingelhutz stated that at such time when it is necessary and the adjacent properties develop to Dakota Avenue that a service road would still be considered. The following voted in favor: Mayor Klingelhutz, Councilmen Kurvers, Shulstad, and Neveaux. Councilman Hobbs abstained. Motion carried. The City Attorney recommended the Council defer action on the 75-1 Project proposal until revised plans have been received from the State Highway Department. A motion was made by Councilman Shulstad and seconded by Councilman Kurvers to approve the March 31, 1975, Public Hearing minutes of Street Improvement Project 75-1 as amended. The following voted in favor: Mayor Klingelhutz, Councilmen Shulstad, Neveaux, and Kurvers. Councilman Hobbs abstained. Motion carried. A motion was made by Councilman Kurvers and seconded by Councilman Shulstad to note the Planning Commission minutes of March 12, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to note the Planning Commission Public Hearing minutes on Amendment to Final Development Plan Buesgens Office Park of March 12, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. Councilman Shulstad abstained. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to note the Planning Commission Public Hearing minutes of March 12, 1975, amending Sections 6 and 7 of the Chanhassen Zoning Ordinance. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, Neveaux, and Kurvers. No negative votes. Motion carried. Mayor Klingelhutz asked if the conditional use permit would pertain to ~ Chanhassen City Council Minutes April 7, 1975 -2- existing stables. The City Attorney stated they would have to comply to the Stabling Ordinance provisions. He did not think the City could require them to get a conditional use permit because they are now a non-conforming use. I A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to note the Planning Commission minutes of March 26, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, Neveaux, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to note the Planning Commission Public Hearing minutes on Preliminary Plat and Rezoning of Outlots 1 and 2, Cedar Crest of March 26, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, Neveaux, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to note the Planning Commission public hearing minutes of March 26, 1975, amending Sections 6.04 and 7.04 of Ordinance 47 to include Day Care Centers. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, Neveaux, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to note the Planning Commission Public Hearing minutes of March 26, 1975, on a Conditional Use Permit for Chanhassen Child Development Center. The following voted in favor: Mayor Klingelhutz, Councilmen HObbs, Shulstad, Neveaux, and Kurvers. No negative votes. Motion carried. I A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to note the Park and Recreation Commission minutes of March 25, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen ,Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. CONTINUATION OF THE PUBLIC HEARING FROM MARCH 31, 1975, ON PROJECT 74-1A: The following persons were present: Mr. and Mrs. Willard Johnson, 1660 West 63rd Street Bernard Schneider, 220 West 78th Street Harold Lund, 7508 Erie Bill Schoell, Schoell and Madson, Inc. Edward Callinan, Attorney, Minneapolis Martin Ward, Chanhassen ; Leslie Renner, Route #2, Box 307, Excelsior Charles Towle, 320 Midland Bank Bldg. The City Attorney explained there had been no change in this matter since the public hearing March 31. Mr. Callinan has responded with a 'letter to the City Attorney about the question of whether there would I be a dismissal of the lawsuits if the Council were to vote to put the pipe on the east side of Highway 101. The letter stated that Mr. Ward would dismiss the lawsuits with conditions 1) that at the Council ,meeting of April 7 the Council adopt a motion to put the storm sewer on the east side of Highway 101 and 2) the storm sewer is actually placed on the east side of Highway 101, provided further that if the ~ I I I ~ I I I I I Chanhassen City Council Minutes April 7, 1975 -3- foregoing conditions are not complied with Mr. Ward will withdraw his affirmative answer to the question and will continue with legal proceedings. The City Attorney answered this letter that the difficulty with the second condition is that the state Highway Department probably will not grant a permit unless the dismissal is actually in hand. No response has been received from the Attorney General's Office on the matter of the vote. Councilman Neveaux asked Mr. Callinan if it was his intent to not dismiss the lawsuit until the pipe is actually in the ground. Mr. Callinan stated yes, that was the intent of the letter. Russell Larson explained that by placing the pipe on the east side of the road the Council would be reducing the assessment area by approximately ten acres. That would raise the cost of the entire project which when allocated acreage wise would increase the assessment costs per acre by some $200 each. He can foresee at the assessment hearing the property owners within the assessment area would raise objections to that additional assessment. The Council would have to deal with that question when it comes up. Councilman Kurvers - I can say I object to paying $200 more and I am one of the property owners. ~ Mayor Klingelhutz - Do you Mr. Towle feel that the industrial park could possibly pick up the additional cost of putting the pipe on the east side of the road? This would eliminate the part of the lawsuit that some of the Council fear. Mr. Towle - This question has never been raised. Mr. Callinan - Perhaps I have a solution to this naughty problem and I submit it in all respect. Supposing we propose a settlement on this matter whereby if the City Council votes to put storm sewer down the east side of the road - Mr. Larson and I will enter into an agreement whereby the lawsuits will be dismissed but we will not file the dismissals until such time as the Highway Department issues the permit and in that event Mr. Larson could file a dismissal. Mr. Larson - I am going to have to have the Highway Department as a party of that agreement. Mr. Callinan - Supposing that a draft of this agreement that I just voiced be in proper language is taken by you to the Highway Department don't you think they might be amenable to taking it in steps that way. And as a matter of fact, if they vote to put it down the east side of the road subject to that condition and the condition is completed why maybe this argument will end. . Mr. Larson - The condition is being the grant of the permit by the Highway Department to place the pipe. I see no quarrel with that. ~ A motion was made by Councilman Shulstad and seconded by Counciiman Neyeau~ to close the public hearing. The ~ollowin~ voted in ~avor: Chanhassen City Council Minutes April 7, 1975 -4- Mayor Klingelhutz, Councilman Hobbs, Shulstad, Neveaux, and Kurvers. No negative votes. Motion carried. Hearing closed at 9:20 p.m. PROJECT 74-1A: The City Attorney read the draft of a resolution I prepared previously for approval of this project. This proposed resolution calls for approval of Alternate C placing the pipe on the east side of Highway 101. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to approve the resolution. The following voted in favor: Mayor Klingelhutz, Councilmen Shulstad and Neveaux. Councilman Hobbs voted no. Councilman Kurvers abstained. Motion failed for lack of 4/5 vote. Mr. Towle - It would appear that given the vote by the Council that some decision from the Attorney General's Office establishing a percentage of landownership required or some response from the Attorney General's Office would make a difference in this case. Craig Mertz, Assistant City Attorney - My opinion was that if we informed the Attorney General of what happened tonight at the meeting that it would have the effect of expediting an opinion because this becomes less and less of a hypothetical question. Russell Larson - We would need to have Mr. Towle's petition on file so that we could examine that. CERMAK SALES AND SERVICE: George and L. A. Cermak and John Cairns, Attorney, were present. Carl Dale, City Planning Consultant, stated that he agreed with the Planning Commission recommendation to deny the rezoning request to C-3 but that the Council grant the building permit to finish the building that is partially under construction. It is my understanding if you do this, this would be in effect granting a variance to a provision where non-conforming uses are not supposed to be permitted to expand. The conditions could include various features of shed removal and site clean up. In the Highway 7 corridor study Carl Dale suggests that the corner of Highways 41 and 7 not be commercial but rather be left zoned as is. In the future it may be determined that single family homes are not the best use for the property but other uses such as institutional uses might be accommodated due to the probable poor access given the property when the highways are improved. I . John Cairns, Attorney, spoke for the Cermak's. IIWe feel that the return of the zoning rights to the Cermak's at his property is in order. Given the high traffic concentration on Highway 41 at that intersection that the use he has there seems to be consistent. No one seems to have a strong objection, in fact we are not aware of any specific objections to the use. The only objection existing in 1973 and during 1974 in part were to the outdoor maintenance and up keep. Most of those problems if not all have been resolved in their entirety. Even under I the zoning code parts of what they do on the site are consistent with conditional use partß o~ the ordinance other parts are consistent with the permitted use. There is now a retaining wall on the back o~ the property and all the old sheds have been removed. If we Can continue on to finish the project you will have something that is a credit to the City. The Cerro~k's use is not a traffic generator l~ke c I I I Ch~nhassen City Council Minutes April 7, 1975 -5- like a ~ast food restaurant for example. There is traffic flow into th.e p:(operty. The access is a little unusual but has never caused any problem. We are not aware of any accidents because of the configuration coming into the property. There is plenty of parking on the site for people who visit. The structure is sound enough from a foundation standpoint to meet the building code and we believe finishing it would not pose much of a problem. However, the point is, is that kind of major investment which the Cermak's wish to make which will substantially upgrade the property, is that really something they can be reasonably expected to complete in light of the fact that they now know they are a non-conforming use and that they would not be in a position for example to sell the property to another person in the same business who looks at the code and may say "weil.l1985 I only got twelve years left or fourteen of the non-conforming use." Councilman Shulstad - I would be interested in knowing why the Planning Commission most recently has voted to retain the current zoning. Dan Herbst - The current zoning after adoption of the Zoning Ordinance is R-l and we recommended maintaining that because maybe 80-90 percent of everything fronting on the Chanhassen side of Highway 7 is residential and we concurred basically with Carl Dale's report that it should remain that way. We also concurred with Carl's report that leaving that commercial on the corner that we have on the comprehensive map could be a problem for us with respect to access. We want to look into the future when we draft our new comprehensive plan of not having any commercial along Highway 7. There is in Shorewood a clustered commercial development and we thought that would be adequate to serve that neighborhood. Carl Dale - You do not have a large number of non-conforming uses in the community that's why I would suggest that there really is nothing much to be gained by your 30 year limitation. Normally this is done only on smaller value non-conforming uses such as signs. I see nothing wrong in changing your ordinance to let this major non-conforming uses continue indefinitely. Councilman Neveaux - In the event the zoning request does not pass and he is allowed to continue as a non-conforming use would then a conditional use permit be granted. Russell Larson - What we contemplate here is attaching conditions to the issuance of a building permit that would govern outside storage, landscaping, maintenance, all of the areas we would deal with in a site plan. A motion was made by Councilman Shulstad and seconded by Councilman Neveaux that the Council uphold the Planning Commission recommendations of December 11, 1974, to deny Cermak Sales and Service application for rezoning from R-l to C-3. The following voted in favor: Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. Mayor Klingelhutz voted no. Motion carried. Chanhassen City Council Meeting April 7, 1975 -6- Councilman Shulstad - I would like to know more about the stipulations of the Planning Commission. John Cairns - The generation of this problem came about when the City I asked us to clean up the outside storage. We certainly agree to meet the ordinance with repsect to outside storage. With respect to landscaping, we will present a site plan because we are required to do that under the building code to get our permit. It will be consistent with the City Code. To the extent there are extra conditions to be added on that we never got into that detailed discussion simply because we weren't sure anybody could issue us a building permit. until you give the City that authority we aren't in a position to expend the money necessary to get the architectural landscape drawings. The City Attorney suggested this matter be referred to the Administration Staff for the preparation of specific conditions to be attached to a building permit. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad that the staff work out the stipulations of the building permit and bring back to the Council April 21. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. AMENDMENT TO SECTIONS 6.02 AND 7.04 OF ORDINANCE 47 STABLING OF HORSES: I Mayor Klingelhutz asked that according to the R-l District everyone that has horses in R-l would still have to get a stable permit and will not be grandfathered in. The City Attorney stated that by operation of law they have a non-conforming use now which will continue if they apply for a stable permit. We cannot take that use away from them. They cannot expand that use. If the use is discontinued for one year they lose it. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to amend Section 6.02 of Ordinance 47 to allow the stabling of horses as a permitted use in R-IA Agricultural Residence Districts upon issuance of a stable permit under applicable ordinances¡ and to amend Section 7.04 to allow the stabling of horses in R-l Single Family Residence Districts but only upon the issuance of a Conditional Use Permit under the Chanhassen Zoning Ordinance and a stable permit under applicable ordinances. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. AMENDMENT TO SECTIONS 6.04 AND 7.04 OF ORDINANCE 47 DAY CARE CENTERS: A moti~n was made by Councilman Shulstad and seconded by Councilman Kurvers to amend Sections 6.04 and 7.04 of Ordinance 47 to allow Childrens Day Care Centers as a conditional use. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and I Kurvers. No negative votes. Motion carried. CHANHASSEN CHILD DEVELOPMENT CENTER - CONDITIONAL USE PERMIT: A motion was made by Councilman Neveaux anâ seconded by Councilman Shulstad to approve the conditional use permit for the Chanhassen Child Development Center at the Lutheran Church of the Living Christ. The following . I ~ I I I Chanhassen City Council Minutes April 7, 1975 -7- voteq in ~aYQX: M~YQr Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. CITY INSURANCE: Mr. David Chase was present to answer questions. The City Engineer has found the following are not on the current invoice from the insurance carrier: Lift Station 3, Lift Station 4, Lift Station 5, Lift Station 6, Lift Station 7, Lift Station 8, Pump House 2, Pump House Well 3, Booster Station, 200,000 gallon Elevated Tank. The additional cost would be approximately $625.00 a year. The Administrator recommended the Council take this insurance because a City of Chanhassen's size deesnot have the income base to self insure. He does not feel the City needs any additional insurance on the City Hall and Fire Station at this time. The City will receive a return dividend of about $1,000.00. Dave Chase explained the Workmen's Compensation experience modification. During the past year the City did not experience any losses. Annually the Industrial Commission reviews the City's experience and this experience is based on a three year period. This three year period starts one year prior to the end of the current policy period. A new modification has been published which changed from 1.29 to 1.50. This accounts for the additional $826.00 bill. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux that the City Council authorize the Administrator to purchase the additional insurance as outlined in his memorandum of April 4, 1975, and include the items listed in Schoell and Madson's letter of April 7, 1975, to the City Administrator on Pump House 2 and apply the cost of this additional insurance to applicable accounts. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. GARY CARLSON - ASSESSMENT ABATEMENT: The property is located west of Cathcart Field on 62nd Street. Mr. Carlson should hook up to the Shorewood Interceptor that goes across on 62nd Street. He has attempted to hook up to this line but ended up l~ feet below the interceptor line. Councilman Hobbs asked if Mr. Carlson is under any obligation to hook up to the interceptor. Bill Schoell explained that the fact that the line, we think, is available to him that he has the same obligation anybody does providing sewer is available of hooking up in twelve months. We have a call in to the inspector for the Sewer Board who inspected this. We expect an answer back within a week. A motion was made by Councilman Hobbs and seconded by Councilman Shulstad to table this item until the next meeting. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. SECRETARY/ACCOUNT CLERK: The Accounting Machine is not working properly. The Administrator stated that it is very difficul~~f You .hav.~"one function on the machine and that function is frui:ïi:ratiÌÍg theëffort . it's rather difficult to talk about putting a number of other functions on and expecting it to work better. He would like to meet with the representative and go through some of the things and see what he has to say and do and can't do and report back to the Council. Chanhassen City Council Meeting April 7, 1975 -8- The Administrator has interviewed fourteen applicants for the position. A motion was made by Councilman Shulstad and seconded by Councilman Hobbs that as per the City Administrator's recommendation the I Council hire Rosalie DeGrauwe for the position of Secretary/Account . Clerk. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. MINNESOTA HOUSING FINANCE AGENCY: There will be a meeting April 10 at the Hopkins House from 2:00 p.m. to 4:00 p.m. Either the Administrator or Planner will attend. HONEY SUNDAY: A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to designate Sunday, April 12 as Honey Sunday. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. ARBOR DAY: A motion was made by Councilman Kurvers and seconded by Councilman Neveaux that Mayor Klingelhutz proclaim April 25 as Arbor Day in the City of Chanhassen. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. MANDATORY PLANNING LEGISLATION: Dan Herbst gave an up-date on the proposed bills. He gave the Council copies of his prepared remarks given before the Senate Lane Use Subcommittee in behalf of Mayor Klingelhutz. On Friday morning April 4 a somewhat different bill was introduced to I the Physical Development Committee which is a subcommittee of the House. The House Subcommittee will be considering that bill Wednesday evening April 9. Dan suggested someone should be present from the City. Mayor Klingelhutz and the Administrator will attend. There will be a Carver County Commissioner's meeting Tuesday, April 8 at 1:30 p.m. All Carver County Officials are invited to attend. A resolution has been proposed which the Commissioners will discuss and act on. Dan Herbst will speak for the City. Dakota County wants to put together a press conference for some time this week. They would like Russell Larson, City Attorney, to participate. A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to authorize Russell Larson to speak for the City at the press conference. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to adjourn. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Meeting adjourned at 12:45¡J.m. ßcVìÀ~-1 ~o~ I Barry Br~bks Clerk-Ad~inistrator