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1975 05 05 I I I REGULAR CHANHASSEN CITY COUNCIL MEETING MAY 5, 1975 Mayor Klingelhutz called the regular City Council meeting to order at 8:00 p.m. with the following members present: Councilman Hobbs, Neveaux, and Shulstad. Councilman Kurvers was absent. The meeting was opened with the Pledge to the Flag. CERMAK SALES AND SERVICE: The City Attorney recommended the City hold up on issuing a building permit because Cermak's are preparing a notice of claim against the City for taking away their zoning. BOARD OF ADJUSTMENTS AND APPEALS: The Council requests the Planning Commission recommend a member to the Board of Adjustments and Appeals. MINUTES: Amend the third paragraph under MANDATORY PLANNING LEGISLATION in the April 21, 1975, City Council minutes to read: 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 decides not to go along with action that he would not 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 wil¡ be voting on the planning bill. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the April 21, 1975, City Council minutes as amended. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. 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 of April 23, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to note the regular Planning Commission minutes of April 23, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to note the April 17, 1975, Bicentennial Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Shulstad and seconded by Councilman Neveaux to note the April 24, 1975, Bicentennial Commission minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to note the March 25, 1975, CBD Committee minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Shulstad to note the April 8, 1975, CBD Committee minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. Chanhassen City Council Minutes, May 5, 1975 _2_ KERMIT AUSTAD - VARIANCE: Mr. Austad wants to build a garage at 980 Carver Beach Road. A 28 foot rear yard variance is requested for this I 24 x 30 foot garage. The garage would have access to unimproved King Road. The Board of Adjustments and Appeals recommended denial of this variance. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs that the Council deny the application for a 28 foot variance to the rear yard setback. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs; Shulstad, and Neveaux. No negative votes. Motion carried. HENRY COUDRON - VARIANCE: The property is located at 6681 Powers Blvd. Mr. Coudron is requesting a 20 foot rear yard variance to construct a garage. The Board of Adjustments and Appeals recommended the Council grant the variance. A motion was made by Councilman Hobbs and seconded by Councilman Shulstad to grant a variance of 20 feet to the rear yard setback. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. MOLNAUjDUBBE AMENDMENT TO CONDITIONAL USE PERMIT: The Planning Commission held a public hearing on the amendment on April 23 and recommended the Council amend the conditional use permit to include retail art gallery. Mr. Steve Geyer was present. Councilman Neveaux asked Mr. Geyer if he was aware that this building is located in an industrial part and will I.. be fully developed as an industrial park. Mr. Geyer stated yes he was. Mr. Geyer proposes a retail art gallery in the building. It will specialize in western and indian art. Councilman Neveaux moved the adoption of Resolution #75-5 amending the MolnaujDubbe conditional use permit to include retail art gallery as referred to in Russell Larson's letter of May 1, 1975. Resolution seconded by Councilman Hobbs. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, and Neveaux. No negative votes. Motion carried. I ' UTILITY DEPARTMENT SUMMER HELP: The Administrator recommended the City hire a temporary full time person for the summer to work in the Utility Department. A motion was made by Councilman Shulstad and seconded by Councilman Neveaux to authorize the Administrator to hire one full time employee for the Utility Department at $3.00 an hour. The following voted in favor: ~1ayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. TROLLS-GLEN: Mrs. Peterjohn appeared before Victoria City Council earlier this evening seeking approval to put a road from proposed Trolls- Glen subdivision to County Road 15. Victoria Officials approved the I idea of the road to County Road 15. The City Attorney told Mrs. ' Peterjohn that the City will require a copy of the purchase agreement or an option on the land to be used for the road. He asked Mrs. Peterjohn to have her attorney contact him regarding the necessary information the City requires. Chanhassen City Council Minutes May 5, 1975 -3- I A J1!ot,i,on Wa,8 roade by COl.rncilmanNeveauxandusecondedby Councilman Hobbs to refer this matter to the City Staff until all provisions of the Zoning and Platting Ordinances have been resolved and the Council gets a full report from the Planner and the City Attorney. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. The Peterjohns have filed with the City a petition for the Council to consider the installation of sewer and water lines in Outlot 1, Cedar Crest. HESSE FARM FINAL PLAT: Mr. and Mrs. Harold Hesse, Frank Burg, and Herb Baldwin were present. This 333 acre PUD is located on Bluff Creek Drive. Phase I is on the east side of Bluff Creek Drive. The private road is shown as Outlot B, ponding area Outlot A, and ravine area is Outlot C which will be dedicated to the City as part of the trail system. I The City Attorney discussed his report of May 5, 1975. Outlot C will be conveyed to the City at this time but left as wild open space not for general public access until such time as the City completes its total park system and has a specific plan for the use of the property. A variance to the provision of the Platting Ordinance not requiring, at this time, a proposed subdivision of the larger lots. The natural environment will be preserved to the extent possible. Preservation of tree cover will be controlled in the development contract. The Engineer's report of April 21, 1975, recommends the streets be finished with a one prime coat, two seal coats of bituminous penetration oil. The second seal coat to be applied during the second year of use. Street lighting will be private. The location of the structures on each lot shall be determined through consultation with the City Staff and shall take into account the environmental considerations of the area including drainfield location. The drainage and utility easements as they relate to each lot seem to conform to the Ordinance. The contract will provide for the preservation of the top soil during construction and is to be used within the area for finished grading. The top soil during road construction is to be placed on the road embankments and side slopes which are to be held to a 4 to 1 ratio or flatter if that is feasible. A variance is needed to the Subdivision Ordinance for the length of the cul-de-sac. The Soil Conservation Service report of July 17, 1974, recommends that home sites be located on slopes of less than 12% and that no slopes of over 18% be used for home siting purposes. Alternate drainfields be located on the site plan as as furnished with each building permit. The Soil Conservation Service report recommends that slopes over 18% be maintained in grass cover. Shrubs and trees should be improved, planted and managed as protection for open space. All exposed areas shall be seeded within 30 days after grading. A variance of Section 8.02 (c) of the Platting Ordinance will be required. The City Engineer's report of April 21, 1975, recommends provision for two additional catch basins plus an overland flow swale at the end of the cul-de-sac. The report also recommends erosion protection to be provided at the siltation pond outlet. The City Attorney has reviewed the proposed covenants and restrictions with the developer's attorney and worked out changes in the covenants as they relate to the City, specifically the City retains an easement over Outlots A and B for public service purposes. I A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the final plat of Hesse Farm Phase I as presented this evening and direct that the Staff of the City of Chanhassen adopt and draft a planned development district contract for Phase I covering the points raised by the City Attorney in his letter of May 5, 1975, and previous Chanhassen City Council Minutes, May 5, 1975 -4- communications from his office, the recommendations of the U. S. Soil Conservation Department, the Chanhassen City Engineer, and City Planning Commission and the City Planner. When this contract is drafted it be I brought back for final approval by the City Council. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. APPLE VALLEY RED-E-MIX BUILDING PERMIT: Mr. John Ericson was present. The City Planner discussed his report of April 30, 1975. Apple Valley Red-E-Mix is proposing to reconstruct the damaged cenemt plant by adding colored metal or wooden panels to screen the hopper mechanism that was damaged in a recent fire. They are proposing to construct a redwood fence along the east property line; state highway right-of-way and landscape along the railroad tracks. Apple Valley Red-E-Mix has agreed to furnish the City with a detailed landscape plan prepared by a landscape architect. The City Planner researched passed history of the plant to see if there were any original conditions placed on the property. He found nothing as far as landscaping. No official report has been received from the Building Inspector as to whether the building was 50% destroyed. Mr. Ericson was asked if they were planning on relocating. He answered that to completely remove that plant and start up a new one today is just not in the money market. This plant was less t~an 50% damaged and we feel we can go in there and clean it up and we will have to do rewiring and go through our hatch panels. We will have a good sound physical plant when we are done. We will landscape it, work with the City, and keep it clean. We have looked at other sites throughout the western I suburbs. With the money market the way it is we do not feel this is the time to make a move. Councilman Shulstad - If there is one thing in the Village that I have received more complaints about and have identified to me as being an eyesore it is that plant and I would love to see that thing relocated. I think now obviously would be a time to consider that. Are you prepared to discuss the measures you will take to not make this an eyesore? John Ericson - We have said we will come forward with a landscape plan for approval by the City. We are willing to take and post a performance bond showing our good faith in that we will do it. We will repair the roof over the block part of the building, enclose the silos, the office will not be replaced. We intend to paint the whole structure. The existing fence on the east end of the property actually belongs to the drive-in. Should he want to take that fence down we will put one on our own property. We intend to clean up the. north side of the property but not interfere with the railroad. The landscape plan will cover all these things. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs that if the Council gets a written statement on the question of whether I the building was 50% destroyed from the City Administrat. or or a qualified representative of his choosing, the Council grants the building permit to Apple Valley Red-E-Mix for the restoration of the building subject to withholding of the occupancy permit until an approved landscape and screening plan has been submitted and that the conditions of the Planning Commission's recommendation of April 23, 1975, be adhered to J I I I Chanh~ssen City Council Minutes, May 5, 1975 -5- by the owners of; the ready m,i,x plant. The applicant provide a surety bond to cover 110% of the cost of the landscaping and screening. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Neveaux. Councilman Shulstad voted no. Motion carried. STATE WIDE AUTO PARTS BUILDING PERMIT: Howard Kaplan, Attorney, was present requesting the Council approve a building permit to erect a Butler type building to store auto parts. The outside of the building will have a wood type appearance and be painted blue. The Planning Commission recommended denial of this building permit as this is a non-conforming use. Mr. Kaplan reminded the Council that approximately one year ago there was litigation against the City. As a result of that litigation a settlement agreement was reached. Mr. Kaplan read paragraph 11 of that stipulation. Mr. Kaplan stated that all requirements of the City Ordinances have been met. The building plans are also in accordance with the state requirements and that this Council has no alternative other than to issue the permit. The City Attorney recommended the Council refer this matter or that the applicant be referred to the Lower Minnesota River Watershed District for a permit before the Council consider this matter. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to table this matter subject to State Wide Auto Parts getting approval from the Lower Minnesota River Watershed District. The Administrator felt that tabling as such was not the only alternative but the Council could act that it would consider a building permit subject to the recommendations of the Water shed District for the site. The City Planner had two levels of concern. If they go to the Watershed District they should ask the Watershed District what mitigated measures should be taken so that this does not impede the flood flow of the Minnesota River and obstruct the normal course of the water. The Planning Commission was probably in error because when I made my oral report at the Planning Commission meeting I had no knowledge of the court decision or any agreements the City had entered into. It seems appropriate in light of this recent court decision that this should again go back to the Planning Commission with statements from the Watershed District. Councilman Neveaux withdrew his second and Councilman Hobbs withdrew the motion. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux that the Council refer State Wide Auto Parts request for a building permit back to the Plànning Commission. The City should have approved recommendations from the Lower Minnesota River Watershed District to present to the Planning Commission so they can come Up with a complete recommendation to the Council. The Planning Commission should be given a copy of the agreement that the City entered into with Valley Auto Parts on March 15, 1974. The Planning Commission should recognize that this particular parcel is in the Lower Minnesota River Watershed District fløodplain and they should be cognizant of this when they discuss this particular building permit. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. CARVER BEACH: Bob Petersen, Tim Stone, and Mr. and Mrs. Donald Nelson were present. The Nelsons and Bob Petersen have gathered about 80 signatures on a petition opposing the proposed sewer and water project. Mr. Petersen asked what procedure he should follow to submit the petition to the City. Mayor Klingelhutz told him to turn it in to City Hall and the Administrator will put everything together for the Council. Carver Beach residents will be notified when this will þe discussed. Chanh~ssen City Council Minutes May 5, 1975 -6- Mrs. Nelson asked if the streets CQuld be oiled again this year. The City has received a letter from the Carver Beach Association asking that only high traffic roads be oiled. I A motion was made by Councilman Hobbs and seconded by Councilman Shulstad that the Council refer this to Henry Wrase, Maintenance Superintendent, for his recommendation and that the Carver Beach Association be notified when it is placed on the agenda. The following voted in favor: Mayor Klinge1hutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. Mayor K1ingelhutz stated he has received calls from residents of Carver Beach about the chain across the boat landing. These persons were against the chain. Mrs. Nelson stated she has reconsidered the chain and feels that if the "no parking" signs are up and if the police enforcement is substantial that there should really be no reason why we should have to block people off. STATE HIGHWAYS 169, 212, AND 101: Bill Schoell explained the improvements proposed by the State Highway Department. Councilman Hobbs moved the 'adoption of "Resolution #75-6 approving the Highway Departments plans for Highways 169, 212, and 101. Resolution seconded by Councilman Neveaux. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shu1stad. No negative votes. Motion carried. HIGHWAY 5 SOUTH FRONTAGE ROAD: The City Attorney asked for direction whether to acquire easements on the south side of Highway 5 from Dakota Avenue west to Highway 101 as initially considered in the Highway 5 improvements. I A motion was made by Councilman Shulstad and seconded by Councilman Neveaux to authorize the City Attorney to acquire the easements necessary for a frontage road south of Highway 5 from Dakota Avenue to State Highway 101. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No neg~tive votes. Motion carried. DOG COMPLAINT: The City received a letter from Mrs. Frank Moulton complaining about the Black Laborador owned by the Robert Buesgens family. The City Attorney recommended that the Buesgens be advised that the dog has to be removed from the City within a prescribed period of time. Failing that the City will undertake criminal action against them under the complaint made by Mrs. Moulton. A motion was made by Councilman Hobbs and seconded by Councilman Shulstad to write the Buesgens a letter that they have to dispose of their dog within ten days. In the meantime the dog has to be kept solely within the premises. A copy of this letter be sent to Mrs. Moulton. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, and Neveaux. No negative votes. Motion carried. I COMMUNITY SCHOOLS DISTRICT l12: The memorandum agreement between the sch . district and the City of Chanhassen has not been renewed for 1975. The City Administrator recommended that if the Council agrees with the formula in the contract that was in force in 1974, that is 50¢ per capita assessment for the community, they authorize the Mayor and Administrator e~ecute the contract. Chanhassen City Council Minutes May 5, 1975 -7- I A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to table action on this contract until the next meeting. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. LORD/GLASER; RECOUNT: Hayor Klingelhutz received a letter from the County Attorney regarding payment of the ballot inspectors for the recount. The City Attorney stated judicially the City has no knowledge of this proceeding. The Council would like copies of this letter. EDEN PRAIRIE: Mayor Klingelhutz received a certified letter from Eden Prairie regarding the Lyman Lumber proposal. The City of Eden prairie is against industrial zoning in that area of Chanhassen and asked for consideration. CIGARETTE LICENSE: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the Cigarette License Application for Bluff Creek Gold Course. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. KENNEL PERMITS: A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to renew the kennel permit for Ronald Metcalf at Route #3, Box 938, Excelsior. The following voted in favor: Hayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. 1 A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to renew the kennel permit for Joseph Kenyon at 400 Pleasant View Road. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to renew the kennel permit for R. Craig Shulstad at 8031 Cheyenne. The fOllowing voted in favor:.... Mayor. Klingelhutz, Councilmen Hobbs, Neveaux, Counc ilmån"S'hulstadctìbS€äinéd j,:c-Motion carried. - - -. ". ~ - "---- -. - -- -. '. ~- ~ . . . - - - A motion was made by Councilman Neveaux and seconded by Councilman Shulstad to renew the kennel permit for John Malakowsky at 500 Great Plains Blvd. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Shulstad. No negative votes. Motion carried. STATE WIDE AUTO PARTS: Councilman Hobbs asked the Administrator to check the agreement to see that all stipulations are complied with. The City Attorney stated that the City Staff should review the complete file. CARVER COUNTY OPEN SPACE PROGRAM: The Administrator will ask the Park and Recreation Commission to give the Council a report on the Carver County Open Space Program. I WEST 78th STREET AND HIGHWAY 5: Councilman Shulstad asked if the City has received any inquiries concerning traffic direction now that the service road is being used for Buesgens Office Park. It was decided to ask the Police Department to study the situation and make recommendations to the Council to be forwarded to the County Highway Department. Chanh~ssen City Council Minutes May 5, 1975 -8- HIGHWAY 5 IMPROVEMENTS: The Administrator will call the Highway Department to find out what action the Council needs to take for this imp~ovement. A motion was made by Councilman Shulstad Neveaux to adjourn. The following voted Councilmen Hobbs, Neveaux, and Shu1stad. carried. Meeting adjourned at 12:45 a.m. ~)A,{1. (Yun-X-:j Barry Brook~ Clerk-Administrator and seconded by Councilman in favor: Mayor Klinge1hutz, No negative votes. Motion I I I