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1974 11 18CHANHASSEN CITY COUNCIL MEETING NOVEMBER 18, 1974 Council members interviewed Bruce Pankonin'for the position of City Planner. The meeting on November 18, 1974, was called to order at 8:20 p.m. by Mayor Klingelhutz. The following members were present: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. Councilmen Neveaux and Bennyhoff were absent. MINUTES: A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to approve the November 4, 1974, City Council Minutes. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Motion carried. There will be a special Council Meeting Monday, November 25. A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to note the Park and Recreation Commission minutes of October 29, 1974. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to note the Planning Commission minutes of October 23, 1974. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Motion carried. Mayor Klingelhutz recommended that the Sign Ordinance and Horse Ordinance be before the Council within the next 30 days. A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to note the CBD Committee minutes of October 29, 1974. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Motion carried. MOON VALLEY GRAVEL PIT AND RIFLE RANGE: The City Attorney stated the only way to govern a rifle range would be to enact an ordinance requiring a permit, inspection rights, establish standards for the muffling of noise, establish requirements for trained personnel to supervise at all times when the range is open. The rifle range is against the law because it is a non - conforming use. The Planning Commission should call Mr. Griepentrog in to review -the matter and make recommendations to the Council. BILLS: The City Attorney requested authorization for payment of Real Estate Taxes payable in 1972 on Lot 3, Block 2, Minnewashta Heights in the amount of $100.58. The gift was not made to the City until December 31, 1971. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to approve payment of the bills as presented plus authorize payment of the $100.58 Real Estate Taxes for Lot3, Block 2, Minnewashta Heights. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Motion carried. DON HANUS - CONDITIONAL USE PERMIT: The Planning Commission minutes of November 13 recommended approval. The Council could not approve this Conditional Use Permit this evening because a 4/5 vote is necessary. Chanhassen City Council Minutes November 18, 1974 -2- A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to table action until November 25. The City Attorney will draw up the Conditional Use Permit and Building Permit prior to the 25th. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Motion carried. F. TODD WARNER: This property is located at 6853 Iroquois, Carver Beach. Mr. Warner is requesting a side yard variance of eight feet in order to build a garage. A variance requires 4/5 vote of the Council. No action was taken. HAROLD HEGBERG - SEWER EASEMENT: Mr. Hegberg is requesting $500.00 for an extra sewer easement along his driveway. This property is located at 7415 Frontier Trail. The City Attorney stated the City had ordered this sewer line installed in order to serve the Ralph Herning residence. The contractor installed the line outside the existing easement. Councilman Hobbs stated he would like to go on record from here on in that if the City feels they have a case, in the future I won't go along with payment. We get over a barrel about the legal fees and all, exceeding the cost of going ahead and paying something whether we are right or wrong and I don't agree with that. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to direct the City Attorney to negotiate with Mr. Hegberg in a sum not to exceed $300 for the easement. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Motion carried. MORATORIUM DISCUSSION: Dan Herbst, Tim Stone, and Hudson Hollenback Planning Commission, and Carl Dale, City Planning Consultant, were present.Mayor Klingelhutz asked persons present for their comments. Dan Herbst - I believe a moratorium is not necessary, The City has effective provisions in the ordinance and a resolution where a developer does not proceed beyond sketch plan approval unless sewer and water are available. Carl Dale - I am prepared to submit a series of recommendations for the City. Hiring a full time planner is not going to be a panacea for the City. If the Council calls a moratorium they should justify it by resolution stating that there is an error or omission in the Comprehensive Plan. Councilman Kurvers - We should pick apart the ordinance to see if something is wrong. If nothing is wrong then we don't need the moratorium. There has to be some clarification and guidelines to tie the community together. Howard Dahlgren, Midwest Planning and Research, representing Nordskov, The basic question is what is appropriate where. He asked the Council if they consider a moratorium they do not include the Nordskov property in it. Carl Dale - I no not see a need for a moratorium at this time. You could proceed on all of the known developments without a moratorium. Chanhassen City Council Minutes November 18, 1974 -3- A moratorium would give the Council time to develop guidelines and would affect the area outside the corridor area. If you are considering abandoning the corridor plan which would be a drastic change in your already adopted comprehensive plan then there would be justification in a moratorium. Ed Dunn, Lake Susan Hills - I think the City will have a hard time ever defining precisely what is to occur in each and every area of the City and it will be because the market is going to change and housing patterns will change. I think you should make your general plans just as well as you can but they have to remain flexible. Bill Schoell - The land use plan was prepared some time ago. These things do need some updating once in awhile. It is necessary to match the market or desire of buyers in Chanhassen. He suggested they try to assemble a list of projects where the City can see on the ground what 20 units per acre, 13 units per acre, etc. really is before you come to a decision on what that mix should be. Russell Larson - I don't think a moratorium is going to be the answer. I think you are just compounding a situation you already have. The Administrator asked the Council for some basic guidelines to work with on density and housing mix. Howard Dahlgren - It seems to me what you need to do is establish criteria that relate to terrain, tree growth, access, drainage, to contiguous property, future developments, etc. so that you can examine a piece of land with respect to each of these elements which contributes to its reasonableness as to whether it should be industrial, commercial or residential, what form, what density, how much for park, etc. This is policy planning. The Council took no action at this meeting. NORDSKOV: A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to table action until December 2, 1974, at 8:30 p.m. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Motion carried. AMERICAN LEGION POST 580 - SANITARY SEWER: Bill Schoell gave a report on the feasibility study for sanitary sewer to the Legion. The cheapest way to provide sewer would be to install a grinder pump and go under Highway 5 and connect to the industrial park sewer line at a cost of $10,400. Bill Schoell will meet with legion representatives to discuss this proposal. ELECTRIC RATES: A resolution has been received from Mr. Stearns for Council action. A newsletter from the league was read. Bill Schoell suggested the City contact the Suburban Rate Authority. Jerry Schlenk was instructed to check into the Suburban Rate Authority. PLANNING COMMISSION MEMBER: A letter was received from Mariana Shulstad asking if the wife of a Councilman on the Planning Commission constitutes a conflict of interest. The City Attorney stated he is not presently aware of a conflict Chanhassen City Council Minutes, November 18, 1974 either in the league manual or in the Planning Commission Ordinance. Councilman Kurvers stated he would not comment until the City Attorney submits a legal opinion. This will be discussed at the November 25 Council meeting. ELECTION JUDGES: A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to appoint the following as judges and counters for the special primary election November 30, 1974. Precinct I Judges Counters Joanne Meuwissen Jeannene Wolff Viola Buschkowsky Shirley Kreger Elaine Ricklefs Darlene Kerber Marie Schroeder Juliebelle Woitalla Precinct II Lois Johnson Dorothy Comer Helen Bastian Patricia Dutcher Patti Funk Kathy Oestreich Precinct III Mrs. Dean Degler Shirley McMullen Joan Lorenz Louise O'Dell Shirley Robinson Margaret Lenzmeier The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Motion carried. WARMING HOUSE: A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to authorize the Administrator to solicit three price quotes for electrical hook up to the warming house and proceed with the low quote. The following voted in favor: Mayor Klingelhutz Councilmen Hobbs and Kurvers. No negative votes. Motion carried. BI- CENTENNIAL: A letter was received stating the City has been approved by the State as a Bi- Centennial City. WEED INSPECTOR: A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to note the Weed Inspection Report for Carver and Hennepin Counties from the Weed Inspector for the year 1974. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Motion carried. PRECINCT 3: A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to move the polling place for Precinct 3 from the Chanhassen American Legion Post 580 to the Lutheran Church of the Living Christ for the special Primary Election November 30 and special General Election December 14. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Motion carried. A motion was made by Councilman Hobbs and seconded by Councilman Kurvers to adjourn. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. No negative votes. Meeting adjourned at 11:30 p.m. Lloyd Schnelle Clerk- Administrator