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1975 10 20 I I I CONTINUATION OF PUBLIC HEARING NORTH AREA SEWER AND WATER PROJECT 71-1 OCTOBER 20, 1975, AT 7:35 P.M. Acting Mayor Kurvers called the continuation of the public hearing to order with the following members present: Councilmen Hobbs and Neveaux. Mayor Klingelhutz and Councilman Shulstad were absent. The following interested persons were present: Randolph Herman, 6560 Ches Mar Drive, Excelsior Edith Herman, Carver Mr. and Mrs. Willard Johnson, 1660 West 63rd Street, Excelsior Craig Mertz stated the City Attorney has talked with the County Auditor and the Auditor has agreed to accept from the City an assessment roll that states that the assessment roll is to be deferred until the property is sold. The Assistant City Attorney has prepared a proposed assessment roll which sets forth the amount of the assessments and provides that payment would be deferred until development occurs. Edith Herman - I object to the lien very strongly. Randolph Herman - You are charging interest from right now. You haven't lifted a finger. You haven't spent dime one on the property in the way of sewers. You are charging for the full yet you haven't spent anything. Russell Larson - You have been charged interest all along from 1973. From the time that the north area project was completed and the assessment roll was adopted the trunk units bear interest at the rate of 7%. These are for trunk sewer and water units. You have thé benefit of the trunk system. Bill Schoell - The trunk system in that area is sufficient to take development of your whole area. Randolph Herman - You are charging us for stuff that you have thought about putting in there but you aren't going to put in. You are making a bundle off of labor and material that you aren't going to put in there. Craig Mertz - We had to build lift stations and water tower all with a greater capacity than is necessary for existing development. The City is allocating a part of the cost of that water tower and lift stations to your property because it was built for bigger capacity. Even if you spli t one acre off:'your parcel and sold it to a party who wanted to build a single family house and that party came to the City Hall for a building permit they would be asked to pay for part of that trunk cost. A small house we would ask to pay one trunk water unit and one trunk sewer unit or a total of $700. When the financing scheme was set up for the north area project we assumed that we were going to-get 211 houses out of your property and the Naegele property. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to close the public hearing. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs and Neveaux. No negative votes. Hearing adjourned at 8:0~ p.m., Jerry Schlenk Acting Clerk-Administrator REGULAR CHANHASSEN CITY COUNCIL MEETING OCTOBER 20, 1975 Acting Mayor Kurvers called the meeting to order at 8:00 p.m. with the following members present: Councilmen Hobbs and Neveaux. Mayor Klingelhutz came late. Councilman Shulstad was absent. 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 minutes of the Continuation of the Public Hearing on the Re-Assessment of Great Plains Blvd. of September 29, 1975. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs and Neveaux. No negative votes. Motion carried. Change #101-412, Fire Department Category #100, 1976 PROPOSED BUDGET on page 2 of the September 29, 1975, special Council minutes to read: Category #100 reduce to $9,400. A motion was made by Councilman Neveaux' and seconded by Councilman Hobbs to approve the September 29, 1975, Special Council Minutes as amended. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to approve the minutes of the Continuation of the Public Hearing on the Sanitary Sewer Improvement Project 75-7 of Octòber 6, 1975. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to approve the Regular Council Minutes of October 6, 1975. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs and Neveaux. No negative votes. Motion carried. , A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to note the Frontier Dodge Public Hearing Minutes of September 24, 1975. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Neveaùx and seconded by Councilman Hobbs to note the Regular Planning Commission Minutes of September 24, 1975. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to note the Bicentennial Commission Minutes of September 25, 1975. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to note the Park and Recreation Commission Minutes of October 7, 1975. The following voted in favor: Acting Mayor Kurvers, Councilmen Hobbs and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to approve the Special Council Minutes of October 4, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. Councilman Neveaux abstained. Motion carried. I I I I I II Regular Council Meeting October 20, 1975 -2- BILLS: The Council questioned what period of time the supplies would last for the new copy machine. The City Treasurer will find the contract on the accounting machine for the City Attorney to check. The Acting Administrator was instructed to contact Mrs. Harry Funk and/or Ken's 76 Service to find out if a check has been received from the insurance company. The Acting Administrator will contact Mr. Len Swedlund and express the Council's concern about extending further city services until past due bills in regard to the Minnewashta Woods project are brought current. 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, and Kurvers. No negative votes. Motion carried. The City has received a bill from Motorola for four new radios. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs that the bill in the amount of $2,082.52 be approved according to the memorandum dated October 20, 1975. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. ACTING ADMINISTRATOR: A motion was made by Councilman Hobbs and seconded by Councilman Neveaux that while Jerry Schlenk is Acting Administrator that he be compensated the same amount that he was compensated January through April 1975. The Acting Administrator stated he would rather make a proposal to the Council. Councilman Neveaux withdrew his second and Councilman Hobbs withdrew the motion. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux that at the next meeting this be put on the agénda with a proposal from Jerry Schlenk. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. 'No'negative votes. Motion carried. PROJECT 71-1: 7 RESOLUTION #75-36: Councilman Neveaux moved the adoption of the resolution as presented this evening and instruct the Acting Administrator to assign a number to it as per procedures~ Councilman Kurvers seconded the resolution. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. GREAT PLAINS BLVD. CUL-DE-SAC EASEMENT: An easement will be acquired from Harry Pauly 15 x 20 feet where the cul-de-sac encroaches on his property. The City Attorney has discussed this with Mr. Pauly. The Council will have to decide what to döwith the "park" area on the east side of Great Plains Blvd. Mr. Pauly would like the City to take action either to take it over and maintain it or by vacating it so that he would acquire a part of it. There used to be a road through to Frontier Trail. 1'his road has been abandoned. In 1962 äta meeting of. the Town Board the Board had an abortive undertaking to vacate that but it was never accomplished. Regular City Council Meeting, October 20, 1975 -3- The City Attorney asked if the Council is going to complete the vacation of that street he would like authorization to talk with the City Engineer so they can prepare a description as to where that vacation might end. The City should try to delineate how much of the "park" area should be abandoned by the City. Gene Coulter asked the Council that while they are considering the street vacation and the "park" area to consider taking over a portion of a private street so that he can obtain a clear title to his property. The City Attorney stated that when this matter first came up, the matter of putting in the turn around, the City had the question of either coming down and rebuilding the turn around and paving down to the private driveway easement. For many years the Coulters, Williams, and Bongards have been driving over the corner. All the City did was finish off some blacktop between two trees. To have blacktopped the entire area to the easement and put a driveway in there would have required the removal of at least two large trees. All the City did was resurface the end of an existing driveway that has been used for years. He stated this is a private driveway and not a City matter. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to authorize the City Engineer to do the survey as suggested not to exceed $100.00. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. PROJECT 75-7: Don Schmieg was present. The City Engineer stated they considered only replacing the street to the same condition it is since the project will only involve part of the street. I Don Schmieg - Is there going to be another road assessment on my property? II If the sewer is going in you are going to have to tear up the road, doesn't it make sense to put the road where it belongs, the way it belongs when you tear it up once? I think the first assessment is too much money I am sure not going to want to pay another one. Will the street stay at about the same elevations it is now or will it be lowered? I am wondering if there will be drainage off my property or will there still have to be a culvert on the end to drain onto the Sorenson property. If they fill the property the culvert won't work. Right now there is a culvert on the very end and it doesn't do a real good job but if they fill the lot in order to build on it it won't work at all. He is already filling the lot. I will have no drainage at all unless the road is dropped to where the water will run down the road. Bill Brezinsky - We do plan on lowering the road but I had no knowledge of Mr. Sorenson filling his property. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to table action until the next Regular Council Meeting pending a report from the City Engineer on drainage in Erie Avenue. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. PROJECT NEWGATE: Ron Seversen stated they had the State Board of Health check out the septic system at the former Assumption Seminary. This program provides residential treatment and education to various populations. It is either out of a training school or directly out of the court system. Presently they have four programs in operation in Minneapolis and St. Paul. One for juvenile boys, two for adult males, I . I I I Regular City Council Meeting, October 20, 1975 -4- and one for adult females with minor children. All programs provide live in facilities with structure mostly supervision and guidance. They use the public educational agencies such as the University of Minnesota, vocational schools and sometimes public school systems to provide these people with the opportunity to get on the job training. They need a more rural residential treatment program because the program can be used by any county in the state for placing children they are unable to handle. They are coœerned about sending outstate children to Minneapolis. There are only two faèilities on the grounds that they feel will be useful. Theone residence that is presently available will be used and the second one needs extensive remodeling. They do not plan to use the large brick building as a live in facility. If remodeled it would be used as an educational center. Project Newgate started with the University of Minnesota in 1969. The City Planner reviewed his menorandum of October 15, 1975. The Planning Commission was approached with a proposal to initiate an amendment to the Zoning Ordinance to include medical and social service institutional uses as a conditional use within the R-IA use district. The Planning Commission declined to author such an amendment. The question before the Council at this time is; is the Council willing to initiate an amendment permitting medical and social service institutionâl land uses within the R-lA use district. Some of the following issues should be considered: 1. If an amendment was to be enacted into ordinance, the provisions of the use district would'apply equally to all property zoned R-lA. 2. The spirit and intent of Chanhassen City Ordinances and Resolutions is to channel "urban-type" of uses into those areas presently serviced by sanitary sewer and water. 3. Assumption Seminary, owned by the Knights of Columbus,' is presently a legal non-confbrminguse, however, the original use was discontinued and any new use must conform to provisions of the . R-IA use district. 4. The existing buildings, for the most part, exìstd.ni"varyirig states of disrepair. 5.Medical and social service institutional land uses are presently permitted within the P-3 use district. There are three alternatives available to the City Council at this time. 1. The Council on its own motion initiate an amendment to include within the R-IA use district Medical and Social Service Institutional uses. 2. Go along with what the Planning Commission said in June that these types of uses belong in our urban service area. 3. Suggest the petitioner proceed under the provisions of the P-3 use district. The Planner recommended that he agreed with the general recommendation of the Planning Commission, however, the uses as suggested by Project Newgate may work on'the K.C. property. Continuing along this line of thinking he does not feel that all R-lA property should be opened up to urban types of land uses irregardless of what Project Newgate has in mind. The most expedient way to see if the project can stand on its own merits is to proceed under the plan provisions as outlined in the P-3 use district. ' The Council feels they could proceed unær a P-3 use district. Regular City Council Meeting, October 20, 1975 -5- AMENDMENT TO ORDINANCE #34: A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to adopt the amendment to Ordinance 34C adding Section 10.02, Consumption After Hours. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs,' Neveaux, and Kurvers. No negative votes. Motion carried. I AMENDMENT TO ORDINANCE #2: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to adopt the amendment to Ordinance 2C, adding section 18, Consumption After Hours. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. YOUTH PROGRAM: Joe Betz was present to discuss a youth program in Chanhassen. There are no major problems concerning youth and young adults in Chanhassen community at this time. However, there is a lack of constructive programs involving youth beyond the sport related activities sponsored by CAA and the school activities provided. Though these activities of themselves are very significant and certainly worthwhile. Primarily there exists an opportunity for the adult community to develop an efficient and effective interface with the youth and young adults it may go a long way to managing future situations before they do arise. Other communities such as Coon Rapids and Minnetonka have established youth councils to provide positive relationship between the established community and the young adults in that community. He asked the Council to appoint a task force study group to evaluate and recommend a comprehensive and appropriate approach to the proposal. He is willing to direct a task force if the City will seriously consider the outcome of such a study. I Kurvers to appoint Joe Betz and he choose two people to help him on the taskforce either from the Park and Recreation Commission, Councilor some city oriented persons. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Councilman Hobbs asked Mr. Betz to look at the Human Rights Ordinance and try to come up with suggestions for the Human Rights Commission. WEST 79th STREET: The City Engineer at the request of the City Planner has studied to determine the best location for the road. The City has a 30 foot easement that runs along the southerly 30 feet of the railroad right-of-way. This easement provided access to the Kurvers and Hanus properties. The Engineer recommended basic standards for the street, if constructed, be a 50 foot right-of-way and 26 foot minimum blacktop width street with no parking allowed. The street be constructed to nine ton standards. For safety purposes the street should be located as far south of the old railroad without coming into conflict with the Highway 5 right-of-way. The road must provide access to the Kurvers and Hanus properties. The road should be extended in order for future extension across the Apple Valley property and connect with West 78th Street. The road should be located so that it makes the best possible use of the property. I The city Planner stated that Mr. Hanus cannot negotiate with the railroad until the City is totally satisfied as to the alignment of the road and what the road should look like. He suggested in a memorandum of October 15, 1975, that they seek the advice of the I I I Regular City Council Meeting, October 20, 1975 -6- City Attorney as to the procedure that should be followed in arriving at a satisfactory alignment for the road. It appears that the most effective medium in order to get a free flow of inforatmion on where this road should be, public imput from Klingelhutz, Kurvers, Hanus, Apple Valley should be gathered to be held at the Planning Commission level. The Planning Commission would come to the Council with a recommendation. The Council either going along with the Planning Commission's recommendation possibly giving it approval and then hav:IiJI~g Hanus proceed with the design of his PUD. The City Attorney stated he sees no objection to the Council at this time, including Mr. Kurvers and Mr. Klingelhutz, taking action to send it down to the Planning Commission for study. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to refer this matter to the Planrrlng Commission. The following voted in favor: Mayor Klingelhutz, Councilme n Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. The City Attorney will inspect the railroad property for debris and report at the next Council meeting. HANUS BUILDING - WEST 78TH STREET: The City Attorney gave a report on Mr. Hanus' compliance with the conditional use permit. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux that the outside storage be removed no later than 6:00 p.m. November 17, 1975, including the outside storage by the tenants. The parking lot striping be deferred until spring. The fence be fixed forthwith. If these conditions are not met by November 17, 1975, this will be turned back to the City Attorney to investigate what possible legal action he would recommend taking including a court order compelling the compliance with terms of the conditional use permit. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. The Acting Administrator will send a copy of this portion of the meeting to Mr. Hanus. VARIANCE REQUEST - JIM SULERUD: The property is Lot 2, Block 1, Bluff Creek Highlands. Mr. Sulerud stated he had purchased the lot knowing there would be difficulty and that it would take special building considerations. He requested that the Council grant a variance subject to the City Engineer's acdeptánce of his bùilding plans and £urther comments from Braun Engineering on soil stability and suitability of the building plans to the lot. Mr. Sulerud is requesting a 20 foot front yard variance. The Board of Adjustments and Appeals met on the site on October 9, 1975, and recommended denial of the variance but in the event he gets Soils Engineering's Certification, the City Engineer would have to approve a drainage and soil erosion plan. The City Attorney draft a no liability clause if the house should slide down the hill. A motion was made by Councilman Hobbs and seconded by Councilman to grant a variance subject to the City Engineer's acceptance of building plans and further comments from Braun Engineering. The would have no liability in case the house slides down the hill. Neveaux the City The ~egular City Council Meeting, October 20, 1975 -7- following voted in favor: Mayor Klingelhutz , Councilmen Hobbs and Neveaux. Councilman Kurvers voted no. Motion carried. APPLE VALLEY RED-E-MIX: John Ericson was present. The City Planner setforth a complete history on the plant in a memorandum dated October 14, 1975. The Planning Commission on September 24, 1975, agreed with the landscape plan as prepared by Seifert's and recommended that the plantings be placed on the property within one planting season after the construction of Highway 5. The Planner feels that the Council should require Apple Valley to enclose the new silo so as to harmonously relate to the principal structure and the other enclosed silo. :tf they are unwilling to do this then the new fly ash silo should be removed. Mr. Ericson stated the building is being sanmlasted now and will be painted within two weeks. He feels the fly ash silo is part of the equipment of a ready mix plant. He stated they are not adverse to putting some blacktop down but at this point there are a few other things that should be settled. Where is the road finally going to be located? Councilman Neveaux stated he would like to see the silos screened with some kind of fencing material to blend in with the building. Mr. Ericson asked the Council to let tœm paint the building and then inspect the site to see how it looks and then decide if the silos should be enclosed. A motion was made by Councilman Hobbs an d seconded by Councilman Neveaux to table action until November 17, 1975. The Council will inspect the site prior to the meeting. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Neveaux. Councilman Kurvers voted no. Motion carried. I I The Apple Valley Red-E-Mix Plant is a legal non-conforming use. A conditional use permit was never issued because it was constructed during the time of the old Village. SANITARY RESTROOM FACILITIES - LEACH'S RESORT: Roy Leach was present. Leach's Resort is located at 7001 Minnewashta Parkway. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to authorize Mr. Leach to proceed with plans and specifications to be reviewed by the Building Inspector for consideration in the issuance of a permit. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. PROPOSED EXCAVATION ORDINANCE: The City Attorney has completed the recommended changes in the proposed ordinance in Sections 4.01 and 5.01. I Councilman Neveaux moved the adoption of an Ordinance Prohibiting the Excavation and Grading of the Earth and the Opening of Pits without First Obtaining a Permit therefor, Providing for the Issuance of Permits, and Providing Penalties for the Violation of this Ordinance. Motion seconded by Councilman Hobbs. The foIl (Win g voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Mot;Lon carr;Led. I I I. ~~ular City Council Meeting, October 20, 1975 (AUTHORIZATION TO ADVERTISE FOR BIDS - CARVE R BEACH SEWER, WATER, AND BLACKTOP STREETS AND FRONTIER TRAIL FORCE MAIN: RESOLUTION #75-37: Councilman Hobbs moved the adoption of a resolution authorizing the City Engineers to advertise for bids for Carver Beach Sanitary Sewer, Water, and Street Improvement Project and Frontier Trail Force Main Project. Resolution seconded by Councilman Neveaux. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. -8- ASSOCIATION OF METROPOLITAN MUNICIPALITIES: The City received an invitation to the Metropolitan Area Munfuipal Officials' Meeting October 30 at the Thunderbird Motel. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs that the Treasurer be authorized to write a check to accommodate the City Planner, City Attorney, Chairman of the Planning Commission, and any member of the Council that wishes to attend. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to table items 17 and 18 to the next regular Council meeting. The following voted in favor: Mayor Klin~lliutz, Councilman Hobbs, Neveaux and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Neveaux and semnded by Councilman Hobbs to adjourn. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Neveaux, and Kurvers. No negative votes. Meeting adjourned at 12:45 a.m. ß.Md(lU;),,4lkL Jerry Schlenk Acting Administrator