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1974 03 18CHANHASSEN CITY COUNCIL MINUTES - PUBLIC HEARING TO DETERMINE THE -1- NKED FOR A aOUPING Pj DEVELOP NT AUTHORYTY TO FUNCTION IN CHANHASSEN, MINNESOTA - March 18, 1974 The Public Hearing to determine the need for a Housing and Redevelopment Authority to Function in Chanhassen, Minnesota was called to order by Mayor Klingelhutz on March 18, 1974 at 7:15 p.m. The following members were present: Mayor Klingelhutz, Councilmen Hobbs, Kurvers, and Neveaux. Councilman Bennyhoff was absent. PERSONS PRESENT: Bernard Schneider, Bill Robertson, Tom Klingelhutz, Mr. & Mrs. Willard Johnson. The official notice of Public Hearing as published in the official newspaper was read by the Administrator. The City Attorney stated the Council must make a determiniation that 1. Whether substandard areas exist in Chanhassen, MN, which cannot be redeveloped without government assistance; 2. Whether adequate housing accomodations are not available to veterans and servicemen and their families; or 3. Whether there is a shortage of decent, safe, sanitary dwelling accemmodations in Chanhassen available to persons of low income at rentals they can afford. He also stated that the members who serve on the Housing Redevelopment Authority are picked by the Council. The Housing Redevelopment Authority would determine the area to be redeveloped and then come before the Council for approval. Councilman Neveaux asked where the Housing Redevelopment Authority (HRA) would get the money to start the programs. The City Administrator stated the City would have fund the money. The City Attorney stated the City cannot expect to generate revenue for the City on these low cost housing projects, but reach a break even point. If you make a profit the City would be violating the statutes. Before the HRA could do a project it must first go the Planning Commission and then to the Council, then a Public Hearing will be held and then back to the City Council for final approval. The City Administrator stated the City may form an HRA for one or all of the criteria needed to form the HRA. The HRA would have the powers of condemnation. Bernard Schneider stated he feels its a good vehicle to use along with the Tax Increment Program to develop the downtown area of Chanhassen, and low cost housing and possibly veteran housing. A motion was made by Councilman Neveaux and seconded by Councilman HObbs to adjourn the Public Hearing. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. TIME: 7:50 p.m. Sharon Loechler, Secretary CHANHASSEN CITY COUNCIL MINUTES - March 18, 1974 -2- The regular Chanhassen City Council meeting was called to order at 8:00 p.m. on March 18, 1974 by Mayor Klingelhutz and was opened with the Pledge to the Flag. The following members were present: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Hobbs and Neveaux. MINUTES: A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to approve the March 4, 1974 Council minutes. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. PARK AND RECREATION COMMISSION MINUTES: A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux that the Park and Recreation Commission minutes of March 5, 1974 be noted and read. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. PLANNING COMMISSION MINUTES: A motion was made by Councilman Kurvers and seconded by Councilman Neveaux that the Planning Commission minutes of March 13, 1974 be noted and read. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. INDUSTRIAL COMMISSION MINUTES: A motion was made by Councilman Bennyhoff and seconded by Councilman Hobbs that the Industrial Commission minutes of March 12, 1974 be noted and read. The following voted in favor thereof: Mayor Klingelhutz Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion Carried. APPROVAL OF BILLS: A motion was made by Councilman Kurvers and seconded by Councilman Neveaux to approve the Bills as submitted. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. AMENDMENT TO AGENDA: A motion was made by Councilman Neveaux and. seconded by Councilman Hobbs to amend the agenda moving item 12 before item 4 be- cause the Council is ahead of schedule. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. CHANHASSEN CHAMBER OF COMMERCE LETTER REGARDING THE GRAIN ELEVATOR: A discussion was held in regards to the letter from the Chanhassen Chamber of Commerce on the hazards and unsightly conditions of the Grail Elevator. The City will notify Henry Schutrop by phone and registered letter in regard to the Grain Elevator. A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux for the City to notify Henry Schutrop of the hazardous conditions in this building and that it must be sealed up immediately. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. A motion was made by Councilman Bennyhoff and seconded by Councilman Hobbs for the City Administrator to send a letter to Mr. Schutrop stating the date of inspection of the grain elevator by the Building Inspector and the Fire Marshal. The following voted in favor thereof: Mayor Klingel- hutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. CHANHASSEN CITY COUNCIL MINUTES - March 18, 1974 -3- GRAIN ELEVATOR, CON'T: Mr. Schutrop will be invited to the next Council meeting to discuss the hazards of the Grail Elevator. RENAISSANCE FESTIVAL CONDITIONAL USE PERMIT: Persons Present: Roy Roeser, John Kreger, Harold Lund, F.H. Bjornson, Vic Schmieg, Bill Robertson, Steve Thompson, Bob Meuwissen, Paul Rojina, John White, Denis Schmeig, Eric Owen, Joseph Wyers, Mrs. Roger Schmidt, Katherine Wyers, Roger A. Schmidt, G.M. Gustafson, Lawrence Raser, Frank Wilkinson, Florence Raser, Diane Wilkenson. Before a decision on the Conditional Use Permit will be made the Council will be polled to whether the City wants the Renaissance Festival in Chanhassen. Councilman Neveaux stated that the Council should make.a determiniation whether under any condition this property could be used for the time limited here requested for the Renaissance Festival. Discussion followed. Councilman Neveaux stated he felt that in this point in time the Renaissance is not that bad a use for this property, however, next year with additional buildings, the conditions would be different. Councilman Bennyhoff stated that with the responsibility the Council has to the citizens of the City he couldn't go along with a conditional use permit. Councilman Hobbs felt the letters and telephone calls from citizens is a valid concern and he also feels the Renaissance Festival is good. He can't see this site as a permanent thing and site, but he feels that this year the conditions can be a workable agreement. Councilman Kurvers is in agreement with Councilman Hobbs that this is not a permanent site. Mayor Klingelhutz feels this is a short term site and the Renaissance Festival should be looking for a new location. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to grant the Renaissance Festival a Conditional Use Permit under Section 23.01, Subsection 5 of the Zoning Ordinance. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Hobbs, Kurvers and Neveaux. Councilman Bennyhoff voted no. Motion carried. A discussion was held on the conditions of the Use Permit. All items were discussed and the following are changes and additions: Item # ; 3. A City Administration fee of $5,000.00 shall be charged for City Administration work and inspection of the Festival during its operation. 4. Exhibitors and vendors may erect booths and other facilities not earlier than 2 weeks, August 24, 1974, before the opening day of the festival, and shall disassemble and remove the same within 1 week, October 1, 1974, after the close of the festival. Hours for erection of booths will be from 8:00 a.m. - 8:30 p.m. daily. CHANHASSEN CITY COUNCIL MINUTES - March 18, 1974 -4- RENAISSANCE FESTIVAL, INC. CON'T: 5. On or before August 1, 1974, Renaissance Festival, Inc. shall submit to the City it's rules and regulations governing par- ticipants and exhibitors of the Festival. 8. The entrance driveway from County Road 17 shall not be less than 80 feet in width and shall extend a minimum of 100 feet westerly of the driving surface of County Road 17. The entrance driveway shall be constructed of aggregate materials of sufficient depth as to provide a good driving surface and shall be sprinkled to maintain dust control 9. If needed and at the applicants expense, the total site shall be sprinkled to maintain good dust control. 10. A twenty -four hour security protection directed by the Carver County Sheriff's Dept. shall be provided from the time of the commencement of the construction of the booths until their removal after the close of the Festival. This list must be available to the City by August 1, 1974. 16. At least 8 rows of corn shall be planted along County Road 17 and maintained for screening. 21. All refuse, garbage, material, booths, etc., shall be removed from the site prior to October 4, 1974, unless specifically permitted to remain thereon by the City. 25. The applicant shall deposit with the City, a cash bond in the amount of $5,000.00, to insure the enforcement of the terms of this permit, the maintenance of order and the protection of the public including, but without limitations to, the furnishing of police protection, sanitary facilities, waste disposal, and clean up costs. The City shall furnish the applicants with a reasonable accounting of the expenditures of any of the said fund, and any balance remaining in the hands of the City shall be returned to the applicant within 30 days after the close of the fair. 27. Delete. 29. Incert: It will be put in the contract that the driveway shall be plowed by October 4, 1974. 35. Delete. 36. No overnight resident or parking and camping except for security personnel will be permitted on the premise. A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to approve the Conditional Use Permit to the Renaissance Corp. with the conditions discussed at this meeting subject to the acceptance of the applicant by April 15, 1974. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. CHANHASSEN CITY COUNCIL MINUTES - March 18, 1974 RENAISSANCE FESTIVAL, CON'T: The Council has considered set forth in Section 23.06 of Ordinance 47 and that the that the standards prescribed therein are met. -5 the standards Council finds COMMUNITY SCHOOLS SUMMER PROGRAM: Vivian Beaugrand and Chuck Hirt were present to explain what the Community Schools have to offer for Summer Recreation and costs involved. A motion was made by Councilman Bennyhoff and seconded by Councilman Neveaux for Vivian Beaugrand and Chuck Hirt to work with the Community Schools on a Summer Program for Chanhassen spending no more than 1500.00. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. VALLEY AUTO PARTS: The City Attorney, Russ Larson, reviewed with the Council the settlement agreement with Valley Auto Parts. A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to approve the terms and conditions of our settlement agreement dated March 15, 1974 with Valley Auto Parts as edited by the City Attorney. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carved. REQUEST FOR SIDE YARD VARIANCE, CASE OF ROGER BIELEFELDT: A motion was made by Councilman Bennyhoff and seconded by Councilman Kurvers to grant a side yard variance of one (1) foot to the property description of Nz of Lot 3 in Auditor's Subdivision #2, from Ordinance #47, Section 7.05 Sub - paragraph 3 for Mr. Roger Bielefeldt. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. NORDSKOV: Council reviewed the request contained in NORDSKOV's letter dated January 31, 1974. The City Administrator at this time informed the City Council that NORDSKOV had paid in full their overdue account with the City. Further, the City Administrator asked Mr. Russell Larson, City Attorney, to relate to the Council his disqussion with Mr. Penburthy, Attorney for NORDSKOV, regarding the request contained in the afore- mentioned letter. Mr. Larson explained that NORDSKOV wants to get Council authorization to proceed past sketch plan planning with their proposed PUD. Council discussed their request and stated that they wanted this matter tabled until the next Council meeting. STORM SEWER: A motion was made by Councilman Neveaux and seconded by Councilman Hobbs to authorize the engineer to conduct a feasibility study for storm sewer on Frontier Development Park with the cost not to exceed $1,000.00. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. Councilman Bennyhoff left the meeting. NORTH CHANHASSEN UTILITY IMPROVEMENT PROJECT 71 -1E: A motion was made by Councilman Hobbs and seconded by Councilman Neveaux to approve the purchase of two double throw switches from the Power Company at 477.25 each or 954.50 total, as per the engineers letter dated March 4, 1974. CHANHASSEN CITY COUNCIL MINUTES - March 18, 1974 -6- NORTH CHANHASSEN UTILITY IMPROVEMENT PROJECT 71 -1E: The following voted in favor thereof: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. Councilman Neveaux voted no. 'MOTION carried. A motion was made by Councilman Neveaux and seconded by Councilman Kurvers to adjourn the meeting. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Hobbs, Kurvers and Neveaux. No negative votes. Motion carried. TIME: 12:40 p.m. Sharon Loechler Secretary �i 1