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1975 04 21 I I I REGULAR CHANHASSEN CITY COUNCIL MINUTES APRIL 21, 1975 Mayor Klingelhutz called the Regular Council meeting to order at 7:30 p.m. on April 21, 1975, with the following members present: Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. The meeting was opened with the Pledge to the Flag. MINUTES: A motion was made by Councilman Shulstad and seconded by Councilman Neveaux to amend the April 3, 1975, Special Council minutes with the insertion of the word Resolution behind the phrase, adopt the Comprehensive Planning Bill, on page 2. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to approve the Special Council minutes of April 3, 1975, as amended. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Shulstad and seconded by Councilman Hobbs to approve the Regular Council minutes of April 7, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Amend the word naughty on page 3 of the April 7, 1975, Continuation of the Public Hearing from March 31, 1975, on Project 74-lA to knotty. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to note the March 31, 1975, Public Hearing minutes of Project 74-lA and the April 7, 1975, Continuation of the Public Hearing on Project 74-lA. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. The City Attorney has received a copy of Mr. Towle's petition as requested. The Attorney has discovered that Mr. Towle did not clearly indicate to those whom he approached that placing the pipe on the east side of Highway 101 would represent an additional charge of $200 per acre. He suggested the Council reject the petition in its present form and advise Mr. Towle that if he wants to come in with a petition he had better set forth all of the facts in written form on the petition so that the landowners are advised of what the estimated cost might be to them. The City Attorney's Office has met with the Attorney General and he indicated a means of counting the front footage. The Administrator will submit a written report on the Gary Carlson assessment abatement to the Council at the next meeting. The City Attorney and City Planner will prepare the conditions to be attached to the building permit for Cermak Sales and Service. The City Attorney requested a member of the City Staff inspect the property to see what types of materials should be removed from outside storage, perhaps what structures still need to be removed, and such other areas that might be incorporated in a clean up provision. Chanhassen City Council Minutes April 21, 1975 -2- A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the April 14, 1975, Special Council minutes. The following voted in favor: ~1ayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. I A motion was made by Councilman Shulstad and seconded by Councilman Kurvers to approve the Carver Beach Sanitary Sewer and Water Informational Meeting minutes of April 14, 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 Lyman Lumber of April 9, 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 Hobbs and seconded by Councilman Kurvers to note the April 9, 1975, Regular Planning Commission minutes. The following voted in favor: Mayor Klinge1hutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. ~1otion carried. A motion was made by Councilman Kurvers and seconded by Councilman Shulstad to note the April 10, 1975, Bicentennial Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Shulstad and seconded by Councilman Neveaux to appoint Myrna Kurvers to the Bicentennial Commission. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. I The Council would like the Planning Commission to recommend a member~ to the Bicentennial Commission. A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to note the Park and Recreation Commission minutes of April 1, 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 Hobbs and seconded by Councilman Neveaux to note the April 15, 1975, Park and Recreation Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. PARK STICKERS: A motion was made by Councilman Shulstad and seconded by Councilman Kurvers that the park stickers for 1975 Summer be set I as follows: Season stickers $1.00 for residents, for non-residents $10.00. One day tags be issued as follows: non-residents $1.00, Wednesday night adult slow pitch softball members $1.00, and special one day tags for bus loads at $10.00. All of the stickers would be applicable per vehicle as opposed to per family. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. ~ i I I I I I Chanhassen City Council Minutes April 21, 1975 -3- A motion was made by Councilman Kurvers and seconded by Councilman Neveaux that the regulations and hours for Lake Ann Park be the same as last year until such time as the ordinance is completed. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. BILLS: The Council requested a summary of the total cost of repairs to the City Sweeper for the past year and encouraged the Administrator to have a six month budget review. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the bills as submitted. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. SHERIFF'S REPORT: Sgt. Richard Anding was present to discuss the report. There are some additions to the monthly report they are now listing calls such as open doors, accidents, burglar alarms. FRONT YARD VARIANCE - RICHARD ANDING: This property is located at 3715 South Cedar Drive. Mr. Anding is requesting a variance to build a garage ten feet from the front propèrty line. The Board of Adjustments and Appeals have recommended approval~ The City Engineer was asked about future right-of-way acquisition and upgrading of South Cedar Drive. He stated there are no plans to widen this street in the future. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to grant a 20 foot variance to the front yard setback to allow Mr. Anding to build a garage. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. AMENDMENT TO FINAL DEVELOPMENT PLAN - BUESGENS OFFICE PARK: Dr. Mary and Dr. Robert McAuliffe, David McGough, Adolph Tessness, and Bob and Betty Buesgens were present. The City Planner reported that all the necessary documents are in per the final development plan section of the Zoning Ordinance. The City Engineer stated that a mounting height of 20 feet would allow illumination of the proposed outside lighting to extend 40 feet away from the base. However, the description of these fixtures indicated that they could be adjusted to restrict that glare to a distance equal to the mounting height. The plan should be reworked in such a way that that 20 feet would stay within the property. The City Engineer has not received a sketch from the Highway Department showing the location of the proposed frontage road. The Highway Department has given verbal approval to the plan submitted by the City Engineer. The City Attorney stated that in finalizing a development contract we øould cover all points except the road and let the road matter hang until the City has something in writing from the Highway Department on how much right-of-way they will give. Chanhassen City Council Minutes April 21, 1975 -4- Dan Herbst - The plans that the ~lanning Commission acted upon and exhibits that were given during the public hearing had the road in the front of the building. That really is a separate item than the use of the building. You are putting the final development contract for that P-3. The City Attorney suggested approval of the change in the development plan to accommodate the American Chemical Dependency Center subject to the conditions of the City Planner's letter of April 16, 1975, including specifically the dedication of such amount of right-of-way as may be necessary to accommodate a frontage road. Hoping, of course, that the Highway Department is going to give as much road as seems reasonable under the circumstances. Adolph Tessness - If there had been no addition to the building and no request to act on this addition you would still have the same problem of a road. I contend we are talking about two totally different items. The problem of the road has no bearing on this application. What you should be talking about is the zoning and the building. Councilman Hobbs - How do you feel about having this located next to a doctor, dentist, barber, and office space? David McGough - We welcome the uses that are there now particularly the services. We have negotiated our lease with the Buesgens leasing with option to buy. We are satisfied with the area and that building in that location. Mayor Klingelhutz - Would this be operated as a private enterprise or as a non-profit organization? At such time as you bought the building yourself you would come in under non-profit taxes. Mr. McGough - We are a Minnesota non-profit corporation, a private non-profit corporation. Russell Larson - They would not be able to achieve that classification. There are very strict rules and regulations and statutes relating to the taxability of so called non-profit corporations. Councilman Kurvers - Is this type of treatment covered by insurance companies? Mr. McGough - Yes, since 1973 Minnesota passed a law requiring all group insurance policies written in the state of Minnesota to reimburse facilities such as ours. We are a non-medical freestanding primary treatment center. As long as we are licensed by the State of Minnesota under Rule 35 insurance companies have to reimburse us in the same way they would have to reimburse a hospital. I I Councilman Neveaux - When is your application to be reviewed under Rule 357 I Mr. McGough - We have preliminary review right now. The primary review will be about the time the facility is ready to open. A team of local people from Scott and Carver Counties that will be brought together by the Department of Public Welfare to go through the building at which time final approval will be given. Chanhassen City Council Minutes April 2l, 1975 -5- I A motion was made by Councilman Neveaux anq seconqeq þy Council~an $Þ~lstad to amend the Final Development Plan for Buesgens Officë ~ark to allow a portion of Tract A and B of RLS #57 to be developed for medical and social service institutional uses otherwise known as the American Chemical Dependency Center. Also direct the City Attorney to enter into the final development contract bearing in mind that we are operating under Section 16.04 which relates back to Section 14.05, subsection 5 (c) and (d) of Ordinance 47 and that the contents of the City Planner's letter of April 16, 1975, paragraph 2, subsections A - H be included and reviewed by the City Attorney in the drafting of this development plan. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. CONDITIONAL USE PERMIT RENEWAL - DALE GREEN COMPANY: A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to approve the renewal of a Conditional Use Permit for Dale Green Company for one year. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Kurvers, and Shulstad. No negative votes. Motion carried. CONDITIONAL USE PERMIT RENEWAL - BMT, INC.: A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to approve the renewal of a Conditional Use Permit for BMT, Inc. for one year. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. REQUEST FOR VARIANCE - TERRY ROSEN: This property is located at 6677 Horseshoe Curve. Mr. Rosen is requesting a 15 foot front yard setback variance and 7 foot side yard setback variance in order to build a garage. The Board of Adjustments and Appeals recommended the Council grant the variances. I The Board of Adjustments and Appeals requested the Building Inspector meet with Mr. Rosen and a neighbor Mr. Moore to resolve a drainage problem. Mr. Rosen agreed to install gutters on the garage with a down spout emptying into a tile. He also agreed to build a retaining wall on the East side of the garage. Mr. and Mrs. Donald Moore were present. Mr. Moore stated he is satisfied that the drainage problem has been solved. He would like to replace his garage which is one foot from the property line. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to grant the variances as requested subject to the furnishing of an acceptable survey to the Zoning Administrator and also Mr. Rosen agreed to install gutters on the garage with a down spout emptying into a tile which would take the run off to the front of his house. He also agrees to build a retaining wall on the East side of the garage. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. I METROPOLITAN COUNCIL POLICY PLAN WASTE !4ANAGEMENT: The City Planner has prepared a response to the Waste Management Plan for Council discussion. The Planner stated that this policy does not conform to the Development Framework Plan as it relates to Chanhassen. The City Attorney, Engineer, and Planner will meet Thursday April 24 with the Metropolitan Staff to go over the City's comments before the Metropolitan Council Public Hearing April 30. Ch~nhas~en City Council Minutes April 21, 1975 -6- Dan Herbst wondered if it would be inappropriate for the City to ask, after the testimony is given and after the public hearing, if the Metropolitan Council would reply to the City formally in writing. I A motion was made by Councilman Hobbs and seconded by Councilman Neveaux that the City Planner prepare and present a response to the Waste Management Plan at the public hearing April 30. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. MANDATORY PLANNING LEGISLATION: The City Planner and Dan Herbst have prepared amendments to the Comprehensive Planning Bill. They are asking Council approval so these proposed amendments can be mailed to every Senator and Representative. The Bill is Senate File 1653. The City Attorney discussed proposed action by the City of Burnsville and Dakota County against the Metropolitan Council. They have asked Chanhassen or the Mayor to join in the litigation. This is litigation brought against the Council and its an action to frustrate the rules and regulations for the review of matters of metropolitan significance. The lawsuit is seeking an injunction to enjoin the enforcement and application of these rules and regulations and a declaratory judgment to declare the rules and regulations invalid. They are intending to file this case Tuesday, April 22. Mayor Klingelhutz stated that one of the reasons Chanhassen has been asked to join is that Chanhassen is the only community in the seven county metro area that passed a resolution asking for more time to study the materials before the public hearing. He also stated that if the Council I decides not to go along with action that he would go along as a personal friend of the court. The City Attorney stated the City could go in as amicus curiae. He feels that the Council should concentrate its efforts on the people that will be voting on the planning bill. Councilman Hobbs suggested that in the letter to the Legislators a paragraph should be added stating that Chanhassen wants to delineate between where the legislative powers rest and where the advisory review type powers rest. The City Attorney can follow the litigation along and the City has the right to intervene either on the side of the plaintiffs or defendants. Maybe that is an indicated course. Mayor Klingelhutz asked if the City should go along with the lawsuit. Councilman Neveaux - I don't think as a plaintiff we should. I would reserve the right to intervene or go in as amicus curiae. The City should keep close tabs on it to see how it progresses. If they find they need some support on an intervention basis then we could definitely go on. Councilman Hobbs - I think at this time we should not go in with Burnsville. I Councilman Kurvers - I think the letter is a better way to go. I don't think at this time we should be involved in the lawsuit. Chanhassen City Council Minutes April 21, 1975 -7- I A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to authorize the Planner to finalize this letter and get copies to Carver County for distribution with the change added that we support the general theory of the Metropolitan Council to be an advisory agency that we support the general theory of developing a development framework plan. The letter to be signed by all Councilmen and the Mayor. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. It was suggested that the first paragraph on page 4 be inserted on page 1. DOG LICENSE: A problem has arisen whereby if a dog was vaccinated against rabies in December 1973 and is good until December 1975. If a license is obtained May 1 the license will run until May 1, 1976, but the vaccination runs out in December 1975. It is a question of either getting a vaccination early or how does the City know that it will be vaccinated again. The City Administrator has done some checking on the proble. This can be accommodated by issuing the license and send the owner a notice when the rabies vaccination is due and give them 30 days to respond with a certificate. He has talked to the Veterinary Clinic and found that the type of shot given now is actually good for as much as three years. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad granting the issuance of a Dog License to Mrs. Donlin notwithstanding the literal provisions of the Dog Ordinance. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. I HESSE FARM: A meeting is scheduled Wednesday morning with their Engineer, Planner, the property owner, their Attorney, and City Attorney and Planner to work out preliminary type of approval for the Planning Commission meeting Wednesday evening. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to table action on the Hesse Farm Phase 1 PUD and Final Plat until results of the Wednesday night Planning Commission meeting and final report from the City Engineer and Planner. The following voted in favor: Mayor Klingelhutz, Councilmen Hobb~, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. CBD MINUTES: The Council has not received any minutes from the CBD Committee lately. I A motion was made by Councilman Hobbs and seconded by Councilman Shulstad to continue this meeting until Monday evening April 28 at 7:30 p.m. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, Shulstad, and Kurvers. No negative votes. Motion carried. Time 12:30 a.m. C;0-~044 Barry Brooks Clerk-Administrator